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FIM 2018 Moot Compromis

1. Ollivander Inc. (hereinafter, “Ollivander”) is a Mumbai-based start-up that provides customized flight
bookings to its 30 clients for an annual fee. It enters into individual contracts with its clients that are tailor
made for their unique requirements.

2. Ollivander was informed through sources that a Gurugram-based start-up namely Riddle Inc. (hereinafter,
“Riddle”) was interested in the services provided by Ollivander. In pursuance of this lead, representatives
of Ollivander met with the Mr. Tom Riddle, Managing Director of Riddle on 3rd August, 2017 at Delhi,
where they discussed Riddle’s requirements, a broad framework of the contract for service, and decided
to execute a detailed contract to that extent soon. A contract for service was entered into between
Ollivander and Riddle on 5th August, 2017 at Gurugram. The contract stipulated that Ollivander was to
ensure bookings of business class seats for Riddle for all domestic destinations at not less than 2 days’
notice. For this service, Ollivander was paid an annual fee of ₹30,000/- (Contract for Service annexed
below).

3. Peter Pettigrew is a contractual employee with Riddle. Mr. Pettigrew had an unexpected and important
meeting regarding a business opportunity for Riddle in Kochi on 19th October, 2017, which happened to
be the day of Diwali that year. He immediately contacted Mr. Riddle on the afternoon of 17 th October,
who then placed a request with Ollivander on the same day and directed them to book Mr. Pettigrew’s
tickets to Kochi, with instructions that the arrival time at Kochi should not be later than 5 PM on 19th
October. At such a short notice and especially since it was during the holiday season, Ollivander was able
to book a Nimbus Airlines flight from Delhi to Kochi but with a 1-hour layover at Bombay, the expected
arrival time at Kochi being 2.50 PM. The return ticket was booked for 21st October as requested, and a
direct flight was booked for the same. The total cost for the booked tickets amounted to ₹20,000/-.

4. On 18th October, 2017, Nimbus Airlines put out a notice stating that there may be a possible 2-hour
extension in the layover at Bombay (with respect to the flight on which Mr. Pettigrew was booked) due
to air traffic congestion at the airport. The same was put up on their website, and a message was received
by Ollivander. Keeping in mind Mr. Tom’s requirement that Mr. Pettigrew reach Kochi by 5 PM,
Ollivander made no changes to the bookings since Mr. Pettigrew would have reached by 5 PM even if a
2-hour delay was accounted for. A notice of this delay was sent by Ollivander to Mr. Tom, but it never
reached him due to some technical errors on the mail servers.

5. On 19th October, Mr. Pettigrew boarded the flight, but when he was waiting for his connecting flight to
Kochi at Bombay, it was announced that there would be a 4-hour delay and the estimated arrival time at
Kochi would be 7 PM. Shocked at the news, Mr. Pettigrew complained to Nimbus Airlines, whose staff
explained to him that a possible 2-hour delay had been notified 2 days ago, and that the further delay due
to unexpected air traffic congestion was beyond their control.

6. Since he was unaware of this notification, Mr. Pettigrew informed Mr. Tom, who called the offices of
Ollivander and was told that although they were aware of a possible 2-hour delay, they made no changes
to the booking since the delay was only tentative and even if the notified delay was accounted for, he
should have arrived at Kochi by 5 PM. No alternative reservations had been made for Mr. Pettigrew. No
other flight was available at that time for him to be able to arrive for his meeting on time, and as a result,
he was unable to secure the business opportunity for which he had made the trip to Kochi, leading to a
loss of business to Riddle amounting to ₹15 lakhs.

7. Mr. Tom sent a legal notice to Ollivander on 21st October asking for compensation of ₹16 lakhs
(comprising of ₹15 lakhs for loss of business and additionally ₹1 lakh which includes cost of tickets and
annual fee). In response, Ollivander denied any liability to pay the same, stating that the events that
unfolded were not within their control nor within the scope of the contract. Further, the terms of the
contract had capped liability due to failure in performance within the reasonable control of Ollivander to
a maximum of ₹15,000 over the reimbursement of ticket cost and annual fee, and thus in any event, their
liability could not extend beyond that amount.
8. Riddle through its director Mr. Riddle filed a civil suit against Ollivander in District Court, Gurugram for
breach of contract and prayed for a compensation of ₹16 lakhs for the losses suffered due to the actions
of Ollivander. The Defendant made several arguments on the merits of the case, including disputing the
jurisdiction of the District Court of Gurugram and denial of liability towards Riddle on discovery of the
fact that Mr. Pettigrew was a contractual employee of Riddle. The matter is reserved for final arguments
on 06.10.2018 and thereon the Ld. Court shall hear the arguments of the parties on both the maintainability
and merits of the case.

Note: The Consumer Protection Act, 1986, local amendments to the Code of Civil Procedure, 1908 and the
Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts
(Amendment) Bill, 2018 are not applicable for the purpose of this moot proposition.

CONTRACT FOR SERVICE

A. This is a contract for service (hereinafter, “Agreement”) between Riddle Inc., (hereinafter, “Client”, first
party) registered at 227, Ground Floor, Drona Industrial Estate, Phase III, Gurugram-122002 and
Ollivander Inc., (hereinafter, “Service Provider”, second party) registered at 2/26, Panchvati Sadan
Building, Eksar, Borivali West, Mumbai- 40092 individually referred to as ‘first party’ and ‘second party’
and jointly referred to as ‘parties’ for provision of services as laid out in this Agreement.

B. The period of Agreement between the parties is of one year, from 5th August 2017 to 4th August, 2018,
for which the Client agrees to pay the Service Provider a sum of ₹30,000 only (hereinafter,
“consideration”). For all purposes of this contract, any booking requested by the Client shall be within
the period of the Agreement.

C. The Client can request bookings only for domestic air travel from the Service Provider at the date of the
Client’s choice. Such request must be at not less than a two-day notice, and it is the Service Provider’s
duty to provide tickets to the employees of the Client on such preferred date. The cost of such booked
tickets will be borne by the Client. The PNR of the ticket will be issued 24 hours prior to the travel.

D. The Service Provider will provide alternate flight arrangements to the Client in any event of a notified
cancellation or delay of flights by the airlines concerned within the requirements requested by the Client.
The cost for such re-arrangement will be completely borne by the Service Provider after communicating
to the Client.

E. Due to unavoidable circumstances if the Service Provider’s inventory does not depict or portray any
schedule on the requested date, then the apportion amount for such a request will be refunded from the
respective plan with the ticket deduction.

F. There is no option of carrier selection by the customer. The Service Provides aims to serve the Client with
the best flights at the preferred date and time, as the Service Provide operates with the leading domestic
airlines of the country. Only on failing to provide direct flights will the Service Provider book flights with
halt time.

G. In no event shall the liability of the Service Provider for failure to provide services within the reasonable
ambit of the above terms amount to more than ₹15,000 over the cost of the flight tickets and consideration
for the contract.

H. The Service Provider reserves the right to terminate the contract with a 1-week notice only if there is no
pending request by the Client. The Service Provider, in such event, agrees to compensate the Client with
a sum of ₹10,000 over the cost of annual fees if less than 3 months of the period of Agreement has elapsed,
and with a sum of ₹22,500 only if more than 3 months of the period of Agreement have elapsed.

I. The Agreement shall be subject to jurisdiction of the courts at New Delhi.


Moot Court Society
Campus Law Centre
University of Delhi

Freshers’ Induction Moot 2018


Date: 6th October 2018

Rules and Procedure

1) REGISTRATION:

Last date to register is 27th, September 2018 by 11:59 PM at the following link:

https://goo.gl/K5FKon

Kindly note, no extension or delay will be entertained in any circumstances. In case of multiple registrations with
regard to a participant, the last registration entry will only be considered.

2) REGULATIONS:

I. Language: The language of the competition shall be ENGLISH only


II. Eligibility: The competition is open for all the bona fide students of Campus Law Centre pursuing 3-
year LL. B. and are not already a member of the Moot Court Society
III. Team composition: There shall be no teams. Participant shall participate individually
IV. Memorial: The following requirement of a memorial must be followed, the non-conferment of which
will be penalized:

The Memorial should be either on behalf of Plaintiff or on behalf of Defendant, but not both.

The final Memorial should be emailed to Moot Court Society at mootcourtsociety.clc@gmail.com with subject
“FIM Memorial 2018- Memorial of Behalf of Plaintiff or Memorial on Behalf of Defendant” not later than 3rd of
October, 2018 11:59 PM AND two HARD/PHYSICAL COPY of the same must be submitted at Moot Court
Society room i.e. Room No. 23 at 11 AM, 4th October, 2018.

HARD COPY submission made beyond 11.30 AM would invite negative marking. Late submission of HARD
COPY of Memorials will be allowed with a deduction of 2 marks in Memorial marks if submitted between 11.30
AM to 11.45 AM and deduction of 5 marks if submitted between 11.45 AM to 12 PM. No memorial shall be
accepted beyond 12 PM.

The soft copy of the memorial must be in PDF format only.

Once the memorial is submitted no subsequent amendments shall be allowed

There should be no discrepancy between the soft copy and hard copy of the memorial

If two participants are found to have the same/similar memorial, both shall be subject to disqualification
The format of the memorial should be as follows:
On A4 size paper
Main body text: Times New Roman, Font Size 12, Line Spacing 1.5
Footnotes text: Times New Roman, Font Size 10, Line Spacing 1.0
A margin measuring 1 inch on all sides of each page
Page numbering should be at the bottom centre of the page
Memorials must be printed on one side and spiral-bound
The Memorial must not mention any of your personal detail such as Name, Year, Roll Number, Contact
details, etc. which reveal your identity in any manner
For HARD COPY a page should be attached to the cover page of the memorial containing the following:
Name, Year, Roll Number, Section, Contact Number, Email address and side chosen i.e. <insert>

The memorial must necessarily contain (but may not be restricted to) the following in the order mentioned below:
a. Front Page
b. Table of Contents (1 Page)
c. Index of Authorities (upto 2 Pages)
d. Statement of Jurisdiction (1 Page)
e. Statement of Facts (1 Page)
f. Statement of Issues (1 Page)
g. Summary of Arguments (upto 2 Pages)
h. Arguments Advanced (upto 15 pages)
i. Prayer (1 Page)

No additional facts must be incorporated or relied upon other than facts mentioned in the Moot Compromis.

The style of footnoting must be consistent

The footnotes must be restricted for providing only bare citations and must not be accompanied by any form of
description or explanation or authorities relied upon

The front page of the memorial must be BLUE for Plaintiff and RED for Defendant.

The cover page of the Memorial must state the following:


a) COMMON INDUCTION MOOT 2018, CAMPUS LAW CENTRE
b) Name and place of the Court
c) The cause title
d) Memorial on behalf of
e) Counsel appearing on behalf of

The scoring for the written submission (Memorial) 30 Marks which shall be divided as follows:
a) Application and appreciation of facts (5 marks)
b) Identification and presentation of issues (5 marks)
c) Application of legal principles/ provisions, use of precedents and authorities (10 marks)
d) Logical structure, grammar and style (5 marks)
e) Consistent footnoting and formatting (5 marks)
Oral Rounds:
A. Each Participant shall get a total of 15 minutes to present their case. The oral arguments should be confined
to the issues presented in the Memorial
B. Scoring of ORAL ARGUMENTS (70 marks):
Application and appreciation of Facts (15 marks)
Understanding of law and procedure (15 marks)
Use of authorities and precedents (10 marks)
Response to questions and articulation (15 marks)
Advocacy skills, court craft and demeanour (15 marks)
C. Dress Code:
For Female Counsel: White shirt with Black/White Pants, Black Blazer and Black Shoes OR White/Black
Kurta, White/Black Salwar, Black Blazer and Black Shoes.
For Male Counsel: White shirt, Black/White Pants, Black Blazer, Tie and Black shoes.
No shiny jewellery or any such other ornaments are to be borne by the participant inside the courtroom.
D. It is to be noted that all the students who are able to submit their memorial within the stipulated time,
complying with all the necessary requirements, only shall be eligible to present their oral arguments.
E. Selection criteria:
There is no win/loss in the competition for any participant and no fixed number of students is decided to
be admitted into the Society through this induction process.
The cut off marks for the Memorial is 15 marks
The cut off marks for the Oral Arguments is 45 marks
All those candidates who are able to secure the cut-off marks of BOTH oral and memorial round, and has
not attracted any penalty or any other disqualification as per the society rules will be admitted as a member of
the society.

NOTE:

 The decision of judges and organizers shall be final in all respect


 Any misconduct on the part of a Participant may attract disqualification
 Any clarification with respect to the competition may be sought at
mootcourtsociety.clc@gmail.comwith subject line “FIM QUERY 2018”

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