A guide on some of the key phrases necessary for drafting. How to structure a good particulars of claim/defence and ideas on how to phrase tricky legal concepts in a simple way for effective drafting.
Also provides ideas on some of the common pitfalls for this module....
The following is a more accessible plain text extract of the PDF sample above, taken from our Drafting Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
IN THE COUNTY COURT
BETWEEN
Claim No. CYJ2412
MISS NOOMI VAN GRAFF
Claimant
and
PROXIMATE GALLERIES LIMITED
Defendant
____________________________________________
DEFENCE AND COUNTERCLAIM
____________________________________________
Paragraph 1 of the Particulars of Claim is admitted.
Paragraph 2 of the Particulars of Claim is admitted.
Further, it was an express term of the First Agreement, made orally, that:
Proprietary ownership of the Watercolours remained with the Claimant; and
The Defendant would not accept liability for any loss or damage caused to the Watercolours where such damage was beyond its control or caused by a third party.
Except that it is admitted that the Defendant agreed to exhibit the Paintings for a period of 1 year and that the Defendant would pay the Claimant 400 per month for 1 year, paragraph 3 of the Particulars of Claim is denied. By the Second Agreement, the Claimant agreed:
To produce a total of 12 paintings over the course of the year, at an approximate rate of 1 painting each month;
That remuneration for the Paintings would be exclusively by way of monthly salary at 400 per month for 1 year; and
In exchange for a salaried income, the Paintings would become the property of the Defendant thereby terminating the Claimant’s proprietary interest in them.
Further, it was an express term of the Second Agreement that the Claimant would produce all paintings in the oil on board medium.
Paragraph 4 of the Particulars of Claim is denied, save that it is admitted that the Defendant would return any unsold Watercolours to the Claimant. The implied term to take reasonable care of the Watercolours was limited to the extent set out in paragraph 3(b) above. There was no such implied term operating on the Second Agreement, as the Claimant’s proprietary interest in the Paintings had transferred to the Defendant in accordance with the terms of the Second Agreement.
Paragraph 5 of the Particulars of Claim is admitted.
Except that it is denied that the Claimant acted in accordance with the Agreement, paragraph 6 of the Particulars of Claim is admitted.
The Claimant has acted in breach of the express terms of the Second Agreement set out in paragraphs 4 and 5 above.
PARTICULARS
On or about 1st July 2016, the Claimant delivered a painting to the Defendant at its place of business which was produced in watercolours on paper rather than the agreed oil on board medium;
The Claimant failed to deliver the painting due for the month of August between 1st and 31st August 2016 or at all;
Despite assurances...
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A guide on some of the key phrases necessary for drafting. How to structure a good particulars of claim/defence and ideas on how to phrase tricky legal concepts in a simple way for effective drafting.
Also provides ideas on some of the common pitfalls for this module....
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