MOOT COURT PROBLEM MOOT COLO eee“ “The plaintiff Ramesh is working for a Company named Royal Co. dealing with scrap of mobiles from Tangarika Country from 1998 to 2002. He works as a labourer for Rs. 100/- a day and for a period of three years. “The Royal Co. went into liquidation in 2005, there is no suseessor and there is no infoninaion available to establish the identity of the company prior to liquidation. ‘They have now started another company dealing with other products. ‘They a6 dealers were throughout in the relevant period were aware of the health risks associated with mobile exposuce but continued to manufacture and supply products out of the serap. They were always based in and carried out all of their business in Bombay in Devember 2004, Ramesh had a nurnber of episodes of shortness of breath when he was walking home from work, Initilly, he attributed the breathlessness 10 his smoking. He was attended by his local doctor, who sent him for tests Prear to this jm January 1999 the doctor had told him thet he could begin to develop Tung cancer ithe did not give up smoking, He had also said that he could get abfected because of his exposure to hermful conditions of working in the mobile dumpyane! where harmful rays could be responsible for his problematic bresthing- Following both the appointments with the doctor, Ramesh did not give up smoking but he had tried to cut down to three cigarettes a day. As the problem increased and he developed lung cancer, the doctors advised him to give up his job as it would Yead to deterioration in his condition, lt cannot be clearly shown whether itis due this stacking oF due to his working in those conditions that have lead to his situation. He then went to @ lawyer who alter carrying out an investigation has advised him to sue the said co and claim damages under various heads of negligence and loss ofa job. Advise him correctly.st Law Centre - Il Intra-College Moot Court Competition sg Bs oarSteetants - 2010 RULES GOVERNING THE COMPETITIOI The Intra-College Moot Court Competition 2010, under the auspices of the Mooters’ Sociely of Law Centre-I! will be held gn te aw bt Stine Seminar Hall, Law Centre-Il, as per the Programme- Schedule attached. The following Rules shall govern the Competition: 1. Two speakers and one researcher shall comprise the team. 2. Two team shall be declared as Winners and Runners up, Written Memorials of the teams shall be examined and name of one team shall be declared for Best memorial and one individual speaker shall be declared as Best speaker. 3. The competition will comprise of three stages. In the First Round each team will have to argue ‘once for the petifioner and once for the respondent. Four Teams scoring the highest points in the first round will then move on to the next/semifinal round. ‘Semi-finals and Final will be the knockout rounds. In the semi final and final rounds, however, the participants will be given a chance to argue from either side. 4. Written Memorials ™ Each team must register their names by 2010 by giving their names to: Deo. Kw AHUTA and submit one copy each of the memorial for the Petitioner and the Respondent not later than 8.00 P.M. on 2010 to Memorials submitted after the ‘said time and date shall not be marked. Name of the participants ought not to be mentioned anywhere in the memorial. It is the responsibility of the respective teams to ensure that the memorial are submitted to the organizers and acknowledgment obtained. ™ All memorials submitted must confirm to the following general requirements and a team will attract negative marking for failure to keep within the limitation as described below: ae A) Memorial must be printed on A4 paper with black ink. B) The body of the memorial must be in Fonts Times New Roman, Size 12. €) Each page must have a margin of at least one inch on all sides. D) There should not be any borders on the pages. E) The Memorial should not exceed 25 typed pages (line space 1.5 points) and shall consist of the following Parts: $ Cover Page- Colored differently for Petitioner and Respondent. Blue Cover — Petitioner, Red Cover — Respondent. 2 Memo of the Parties @ Table of Contentsas 10. 1. 12. 13. 14. AY List of References and Cases Statement of Jurisdiction Statement of Facts Statement of Issues Summary of Pleadings Detailed Pleadings Prayer See ee Relevant annexure(s) may be attached to the memorial. However, the participants are advised to bring their own reference materials with them for their use in the courtrooms, but these materials must not reveal the identity of the participants or the institute they are representing, Oral Arguments: 8 Court language shall be English @ Each team would be given minutes to present their oral arguments. This shall include the pleading of both speakers and any rebuttal time if applicable. & Judges may, at their discretion extend oral arguments time, up to a maximum of minutes. @ Rebuttal would be allowed only to the petitioner and they would have to specify in the beginning the time they want to set apart for rebuttal Scoring Criteria: Memorial 20 Marks Oral Arguments > Application of facts and evidence 15 Marks > Understanding of law and procedure 20 Marks > Use of authorities and precedents 10 Marks. ® Advocacy skills, response to question and articulation 25 Marks > Court etiquette 10 Marks If a team scheduled to take part in a round does not appear for _minutes after the scheduled start of the round, a walkover shall be declared. In such case, the team that has been given the walkover shall not argue the matter from their side. The defaulting team will not be allowed to participate in subsequent rounds. Each team and team member shall be assigned a team code and number. Participants shall use only their team code and number for identification purpose. Any reference to identity, either during oral arguments or in the memorial may lead to disqualification All the rules are only inclusive and not exhaustive for the compelition, Rules should be strictly adhered to. Any deviation from there will attract disqualification. Organizers shall resolve any contingencies and decide about any doubts or misunderstandings and the decision taken by the organizers shall be final