Haeth Defence and Counterclaim(1)

Insofar as the agreement is to be implied then such

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Insofar as the agreement is to be implied then such implication arises out of the conversation and out of the need to give business efficacy to the contract or by implication of law that the work should be done in a good and workmanlike manner. 9. In breach of the agreement the repairs to the roof were not performed. 10. By reason of the matters referred to in paragraph 9 the defendant suffered loss and damage. PARTICULARS a) Damage to cardboard advertising material caused by water in June $100,000. b) Cost of removal of valueless cardboard. c) Disturbance to defendant’s business and consequential loss of profits. 11. By reason of the matters pleaded above the defendant was and is entitled to set-off the amount 2
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of damages claimed against the rent alleged to be payable for the months between July and October 2011. COUNTERCLAIM 12. The defendant refers to and repeats the allegations contained in paragraphs 1, 2, 3, 4 and 7 of the Statement of Claim, as admitted by this defence and further it refers to and repeats the allegations contained in paragraphs 8, 9 and 10 of this defence.
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