Drafting-Defence and Counterclaim

IN THE HEREFORD COUNTY COURT Claim No ZG357766

BETWEEN

URSULA TRILLO                                        Claimant/

Part 20 Defendant

and

BOGGLE GALLERIES LIMITED                  Defendant/

Part 20 Claimant

DEFENCE AND COUNTERCLAIM

DEFENCE

1.                   Paragraphs 1  and 2 of the Particulars of Claim are admitted.

2.                   As to paragraph 3 of the Particulars of Claim:

(1)    it is admitted that the Defendant orally agreed to accept delivery for a period of I year of all original works of art painted by the Claimant( “the Paintings”) and exhibit them for sale in its gallery.

(2)    it is denied that the Defendant would pay the Claimant one half of all sale proceeds received in respect of the Paintings.

(3)    it is further denied that the monthly sum of $400 for one year for living expenses and materials paid by the Defendant to the Claimant would be set off against the Claimant’s share of the proceeds of sale.

(4)    it is further denied that the Defendant would return all unsold paintings to the Claimant

3.         The Defendant agreed to offer the Claimant $400 per month for one year, for her to produce 12 pictures, making clear that the pictures were going to be purchased outright. There was neither any profit share system agreement nor any agreement to return unsold pictures to the Claimant at the end of one year.

3.                   Paragraphs 4, 5, 6 and 7 of the Particulars of Claim are admitted.

4.                   The Claimant is required to prove that  the Defendant failed to take care of the Watercolours, paragraph 8 of the Particulars of Claim is admitted.

5.                   Paragraph 9 of the Particulars of claim is denied for the reasons set up in paragraph 3 above.

6.                   The Claimant is required to prove that the Defendant has unlawfully retained the Paintings and has converted the same to its own use, paragraph 10 of the Particulars of Claim is denied.

7.                   The Claimant is required to prove the alleged loss and damage and to prove the amount and the causation of that loss and damage.

8.                   Further or alternatively, if contrary to his Defence the Defendant is held liable to the   Claimant, he seeks to set against the Claimant’s claim all or part of the sums counterclaimed below so as to extenguish or reduce his liability to the Claimant.

COUNTERCLAIM

9.                   Paragraphs 1 to 8 above are repeated.

10.               It was an express term of the Second Agreement that the Claimant would be paid $400 advance per month for one year to  produce 12 pictures for the Defendant. The Defendant has never received the 12th picture, though he paid for it $400. The Claimant has neither return the 12th picture nor pay $400 back.

11.               Further the Defendant claim interest under section 69 of the County Courts Act 1984 on the sum of $400 at the rate of 8% per year from 20th November 2002 amounting to $ (…..) at (date) and then continuing until judgment or sooner payment at the rate of $2.13 per day.

AND the Defendants counterclaim

(1)        $400

(2)        Interest under section 69 of the County Courts Act 1984, amounting to ($      ) at (date) and then continuing at a daily rate of $ 2.13.

BESS TOFFER

STATEMENT OF TRUTH

Dated etc.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.