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Moot Proposition

Essos is a sovereign democratic republic situated in the southern part of the Asian continent.
The country thrives on its large population spread across various age groups and of late has
been boasting of a rather flourishing percentage of youth among its inhabitants. Along with
the cultures and traditions, the nation also exhibits various ways of celebration throughout the
different seasons. The nation of Essos boasts of a very developed healthcare sector and a
lifestyle healthier than lavish and also claims itself to have one of the best health standards in
the world. The people of Essos are very open minded and do not look down on the modern
ways of the West including the habits of indulging in alcohol in the hours of celebrations and
otherwise.
The legally permissible age for consuming alcohol in the country of Essos is 21 years and of
a total of 33.5 crore people in the country, roughly forty percent of the population indulges in
frequent drinking in their leisure time. As a result, the liquor industry thrives on the massive
consumption and the market that has sprung up as a result. Wines of Winterfell is one such
alcohol conglomerate which is valued at approx. $850mn. It maintains its strong foothold in
almost all categories of liquor but its speciality is Plenders Bride which is a one of its kind
whiskey. The unique selling proposition of this particular product is that it induces a very
pleasant high even when consumed in lesser quantity in a relatively shorter span of time.
When this product was brought into the market by the parent company in the year 2006, it
took no time in taking the entire market by storm and leaving its rivals behind in terms of
sales and popularity. The people of Essos are economically and educationally sound and have
reasonable sense of judgement. A noteworthy fact however, was that even though Plenders
Bride came with a warning on its carton which read, The pleasure of Plenders Bride can
cause deleterious effects on your health., its sales went unaffected. Over the time, Plenders
Bride established itself as a reputed and reliable brand which also proved to be economical
which ensured its easy availability in almost all cities of the geographically diverse country.
This brand of whiskey proved to be immensely popular as almost fifty percent of all
inebriants preferred to consume it, particularly the youth of the nation who had just come of
their legally permissible age of drinking.

Essos Institute of Health Sciences (hereinafter referred to as EIHS) is a reputed institute of


national eminence which studies the multiple facets of healthcare in the country and takes
great pride in its contribution to the medical breakthroughs and the eradication of various
genetic and lifestyle based diseases in the country. In its study brought forth due to an
alarming rise in the number of kidney related ailments, it was discovered that in the past two
years, the number of patients with the medical condition of Renal Calculus had overshot
exponentially, causing a large number of cases pertaining to this disease to arrive at their
doorsteps. Upon a detailed study conducted in April 2014, it was concluded that a staggering
majority of all patients suffering from this condition were regular consumers of alcohol. The
study went on to reveal that there was a steep and continuing rise in the number of people
suffering from this particular ailment and it was found to have risen by almost forty percent
in the past two years.
An eminent private body consisting of scientists and researchers of international repute is The
Centre for Tobacco and Alcohol Studies. It has, in the past, contributed greatly to spread
awareness pertaining to the use of various intoxicants and has also carried forth a large
number of research to employ intoxicants for possible medicinal purposes. It collaborated
with EIHS and conducted a study so as to find the cause of the alarming rise of renal diseases
in the recent years.
Upon knowing the major cause to be alcohol, it carried out a detailed study of various alcohol
brands being sold in the market and their likelihood to cause this serious health ailment. After
its study lasting six months came to a decisive conclusion, the reports submitted EIHS stated
that the sample obtained of the Plenders Bride whiskey was found to be toxic. The report
went on to state that the constituents of the said drink contained a significant amount of a
mixture of oxides, possibly of the metal which constituted the network of pipes in the
distillery. The consumption of the said oxides was what had caused the spike in the number of
cases of Renal Calculus and the treatment of which cost a surgery and a post-surgery
treatment which was expected to amount to 85,000 ENR (Essos National Rupee).
Once this report was made public, people in the different parts of the country filed civil suits
before the different Courts as per the respective territorial jurisdictions across the country.
The matters were kept pending for disposal before many Courts. Some Courts had disposed
of the matters and had awarded compensation while some others failed to yield to the
demands of the complainants. Seeing this, a successful public spirited lawyer who had past

experience of

filing mass tort actions against errant enterprises filed a Public Interest

Litigation before the Honble Supreme Court of Essos to admit all the matters sub-judice
before different civil courts and adjudicate them uniformly. The Supreme Court admitted the
PIL and has set the matter for disposal in the second week of February, 2016.
The laws of Essos are pari materia to those of India.

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