Counterclaim the defendant says further by way of

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COUNTERCLAIM The defendant says further by way of counterclaim: Breach of contract 8. The defendant refers to paragraph 2 above and says that on or about 10 August 2008, he entered an agreement with the plaintiff whereby the plaintiff would provide food and beverage services at his restaurant for the defendant and his guests. PARTICULARS The agreement was partly oral and party implied. Insofar as it was oral, it consisted of a conversation between the plaintiff and defendant which occurred in the restaurant on or about 19 August 2008, the substance of which was that the defendant would attend the restaurant more regularly on the basis that an account would be opened by the restaurant on his behalf. Insofar as the agreement was implied it was implied by the need to give business efficacy to the agreement. 9. Pursuant to the agreement, the defendant dined at the restaurant on 3 February 2009 and ordered and consumed an oyster dish called ‘les huîtres à la liberté’. 10. It was an implied term of the agreement that the plaintiff would provide food and beverages fit for human consumption. 11. In breach of the agreement, the meal ordered on 3 February 2009 was not fit for human consumption and was infected with the Hepatitis A virus. PARTICULARS Oysters sourced from the plaintiff’s supplier, Olivander’s Oysters, were widely contaminated in or around February 2009 and the plaintiff did not
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undertake the temperature testing process required to ensure that the contaminated oysters were identified and discarded.
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