Commercial Law A bank guarantee is an autonomous obligation A bank guarantee is intended to allow comfort for the bank to be paid for a service given. This was held in a court judgement…Malcolm MifsudJune 5, 2018
Commercial LawProcedural Law An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchangeMalcolm MifsudApril 13, 2018
Civil LawCommercial Law A hint of acceptance of a debt interrupts prescription In their application V&C held that it is owed €49996.15 by Tlata Limited, which is a balance of a current account between the two companies…Malcolm MifsudFebruary 2, 2018
Commercial Law An agreement must be kept, come what may The Court of Appeal, presided by Mr Justice Anthony Ellul, ruled that an agreement of payment should be honoured, even if the services rendered were…Malcolm MifsudOctober 6, 2017
Civil LawCommercial LawCompany Law Documentary evidence must be produced It is not sufficient for a witness to simply testify on a document if it is not produced in court. This was held by the…Malcolm MifsudJune 2, 2017
Civil LawCommercial Law When buyer discovers defect, he must take legal action within six months The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted. This…Malcolm MifsudAugust 25, 2016
Commercial Law Judgements should be a final decision A Court in a judgment delivered on 15th July, 2016, agreed with the judgment of the Court of Magistrates delivered on 18th June, 2014, in…Malcolm MifsudAugust 19, 2016
Commercial Law Trademark must be predominant to be exclusive The First Hall of the Civil Court ruled that for two competing identical trademarks to be confusing they must feature predominantly and the plaintiff must…Malcolm MifsudFebruary 24, 2016