Drafting-Arnold Brain

IN THE YEOVIL COUNTY COURT Claim No. YE3/10911

BETWEEN

ARNOLD BRAIN                                              Claimant

and

SWEET AND LAVENDER LIMITED                 Defendants

DEFENCE

1.                    Paragraph 1 of the Particulars of Claim is admitted.

2.                  Paragraph 2 of the Particulars of Claim is admitted. Except the term has been omitted by the claimants that there was to be a 12 week trial period and that either side could cancel the contract after that time with reasonable notice. Though this term does not appear expressly in the letter, but is covered by the phrase which appears: ‘All other terms as agreed between the parties’.

3.                   It is admitted that the claimants carried out cleaning at the Hotel from 7 th April to 29 th  June 2003 and were duly paid by the defendants. The standard of cleaning was poor in accordance with the agreement and they never improved the quality of service. The claimants used only two cleaners because Dapper Cleaners could not afford any more,whereas the old contractors had used four. Therefore, the job was two big for two people.

4.                 It is denied that the defendants are in breach of the alleged or any terms of the agreement. There was an express term for a 12 week service trial  between the parties of the contract. Either side could cancel the contract with reasonable notice. Therefore, the defendants gave Dapper Cleaners two weeks pay in lieu of notice is sufficient

5.                  It is denied that any loss and damage suffered by the claimants was caused by the matters complained of . The Claimants are required to prove that they have suffered the alleged or any loss and damage.

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