giBS

Centre for Legal Studies

Gitarattan International Business School
Student Notice
Ref: GIBS/ADM/STU/20-21/0236 Date: 26.05.2021

Internal Moot Court Activity

BBA LL.B & BA LL.B (Semester-2)

All the students of BALLB and BBALLB of semester 2 are hereby informed that they all are required to
prepare for Internal Moot Court Activity as given below and may consult their Coordinators.

Date of Submission FACULTY

Date of Presentation Class
(Individual Memorial) COORDINATOR
21stJune 2021 BBALLB-2 Dr. Ashu Dhiman
12th June 2021
22ndJune 2021 BALLB-2 Dr. Kalpana Devi

GUIDELINES
All Students are required to prepare Individual Memorials from both the side and one Group Memorial
as a Team, on any problem given below, Presenting as Plaintiff or Defendant as the case may be.
Students may consult their assigned coordinators for resolution of their queries.

Rules:
1. Teams Consisting of 6 students will be divided as plaintiff and defendant containing 3 students each where two
would be mooters and one will be designated as researcher. (But for internal session all three students will be
dealing with issues and argue the case).
2. Both Plaintiff and Defendant shall be given the opportunity to argue and present their case for 30 min and 15
min for Rebuttals will be given to them.
3. Any extension of time beyond the specified period shall be subject to the discretion of the judges.
4. The division of time between the speakers is the discretion of the team members, subject to a maximum of 10
minutes for one speaker.
5. Before the commencement of the each round, each team shall indicate to the ‘court officer’ as to how they
wish to allocate their time.
6. At the End of the Moot Court Presentation there will be Question Round where judges will be asking the
questions from the Team.

Evaluation Criteria
12 marks for Each To be Submitted and evaluated by
Memorial Submission(Individual Memorial) A1
Student coordinator
12 marks for each To be Submitted to coordinator
Group memorial Submission A2
Speaker and evaluated by Judges
Given during the Moot Court
Presentation (Oral Pleading)A3 6 marks
Presentation by Judges
Total 30 Marks
A1: Individual Memorial (12 Marks);A2: Group Memorial= (12 Marks) = (Judge 1+Judge 2)/2;A3: Presentation= (6 Marks) = (Judge 1+Judge 2)/2;
Total: 30 Marks

Director
 MOOT PROBLEM -1

The MAXPLANK (P) Ltd., a pharmaceutical Delhi based company, made a multivitamin capsule
called the "C-caps". The company claimed that the production of such capsules is purely for the
overall health, wellbeing and vitality of men, and therefore, these capsules are one of the best diet
health supplements as these capsules are very effective and a unique blend of ginseng, vitamins
and minerals. The company announced in public that by taking one capsule a day, it provides
great energy as well as helps to fight against tiredness. It enhances the stress handling ability. The
company aggressively fixed the price of each capsule at Rs.50/-. The company declared in public
interest that these capsules are prepared to boost immunity as well as help to enhance the quality
of life. It improves the physical and mental health as well as helps to rejuvenate and strengthen
the body organs. To stay fit and active during the day, bring home the "C-caps" capsules. The
MAXPLANK (P) Ltd. published advertisements in the reputed newspapers and other media
channels on December 01, 2017, claiming the number of benefits for the consumption of "C-caps"
capsules such as a diet health supplement for men; a unique combination of minerals, vitamins
and ginseng; Provides energy and fights against tiredness; Perfect for overall health and vitality;
Enhances quality of life; Helps to boost immunity; Strengthens and rejuvenates body organs;
Enhances mental and physical health; Helps to stay fit and active throughout the day. The
company mentioned in the advertisement that these capsules have not been evaluated by the Food
and Drug Administration or the FSSAI (i.e., Food Safety and Standard Authority of India). The
Company declared in its advertisement that this product is not intended to diagnose, treat, cure or
prevent any disease. The company also mentioned that all disputes regarding the consumption of
these capsules must be subject to the jurisdiction Courts in Dwarka, Delhi only.

The MAXPLANK (P) Ltd. further published advertisements in the same reputed newspapers and
other media channels on June 15, 2018, claiming that it would pay Rs. 50,000/- to anyone who
got sick after using these capsules according to the instructions provided with it i.e., one capsule a
day and this offer is not retrospectively applicable. The statement generated by the MAXPLANK
(P) Ltd. is as under:- “Rs.50,000/- reward will be paid by the MAXPLANK (P) Ltd. to any person
who contracts with the increasing fatigue, weakness or any disease caused by taking
multivitamins “C-caps” capsules, after having used one capsule a day, according to the printed
directions supplied with the pack of 10, 30 and 60 capsules whose expiry period will be of 5 years
from the date of manufacturing. The statement regarding award of Rs.50,000/- was printed on
each pack of 10, 30 and 60 capsules.” During the period of 2018-19, people consumed thousands
of "C-caps" multivitamin capsules as preventive against body weakness; fatigue or any other
disease due to deficiency of any vitamin in the body and in no ascertained case any adverse effect
was found by those using these capsules.

Mr. Mohin Jain, aged 15 years, suffered from malnutrition; chronic fatigue syndrome and vitamin
deficiency that led to muscle weakness in the entire body system. The doctor recommended him
daily intakes of selected vitamins. He saw the advertisement of the MAXPLANK (P) Ltd., on
July 15, 2018 regarding "C-caps" multi-vitamin capsules. He bought 5 packs of capsules bearing
the manufacturing and packing date of January 15, 2018. Each pack contained the dose of 60
capsules. He started consuming one capsule a day as per the instructions mentioned in each pack.
He consumed the entire capsules as per the instructions mentioned by the company for nearly 10
months but after a week he found that his body is heavily relying on these capsules. He felt lot of
bodily changes due to stop consuming capsules such as frequent stomach upset; severe allergic
reactions; difficulty in breathing; tightness in the chest; swelling of the mouth, face, lips or
tongue; feeling of fatigue and weakness of the entire body. Mr. Mohin Jain discovered that on
resuming the consumption of these "C-caps" multi-vitamin capsules as per the usage prescription
of the MAXPLANK (P) Ltd. Company, he got relief from all types of bodily changes. In the
meantime, during January – 2020, the company again aggressively raised price of each capsule by
50% to Rs.75/- as it found the enormous success and rise in demand for the product.

Mr. Mohin Jain after having been firmly believed that his body cannot smoothly work without
consuming these capsules and his body developed an addiction for such capsules, he felt himself
cheated by the company as he again cannot afford such a high price multi-vitamin capsules. He,
therefore, claimed Rs.50,000/- and other form of damages from the MAXPLANK (P) Ltd.. The
company bluntly ignored the claim of Mr. Mohin Jain. After few days, Mr. Mohin Jain’s advocate
sent notice to the MAXPLANK (P) Ltd. regarding his claim of Rs.50,000/- and other damages.
On this notice, the company’s officers replied with an anonymous letter that if it is used properly,
the company had complete confidence in the capsule's efficacy, but "to protect the company
against all fraudulent claims" they would need him to come to the company’s office to use the
capsule each day and be checked by the secretary. Mr. Mohin Jain now brought a claim to the
court of law for seeking justice. The advocate representing him argued that the advertisement and
his reliance on it was a contract between him and the company, and so the company ought to pay.
The company denied such type of contract. Prepare relevant issues in this regard for both the
plaintiff and defendant in order to secure justice for each party.
 MOOT PROBLEM -2
Isha has just bought a New Groceries retail shop and, anxious to please the locals, decides to put an
advertisement in the local paper stating that she will sell boxes of luxury Belgian chocolate GODIVA
at a discount price of Rs. 2500 Instead of the recommended retail price of Rs.5000. It also states that
there are only 50 boxes available. Isha has recently bought a laptop from her son, Rohan to help with
the running of the shop. The advertisement states that anyone wanting the chocolate should contact
isha in person at the shop or email her at isha@newshop.in.

The advertisement appears in the local paper on Saturday.

Harsh sees the advertisement at 4:30 P.M. on the Saturday afternoon and immediately sends an e-mail
to Isha ordering 6 boxes of the Godiva Chocolate. The email is received on Isha’s laptop at 5:09 p.m.
on Saturday.

On Saturday evening Isharealises that the discount was too generous as she is making no money on
the chocolate and people are not coming to the shop and buying lots of other groceries as she has
hoped. She phones the local paper asking them to put notice in the next day informing people that the
discount price is no longer available .The Sunday paper is published at 9:00 a.m. on Sunday morning
and it is delivered to Harsh at 10:30 a.m.

Isha opens for business at 10:00 on Sunday. She reads Harsh’s email at 10:35 am but refuses to sell
him the chocolate. She replies stating that the discount is no longer available. Harsh sued Isha breach
of contract.

Now frame issues from both the sides of applicant and respondent and prepare your arguments in
support of it. Submit your individual memorials.
 MOOT PROBLEM -3

Dinesh Aggarwal is a Software engineer. For some time he has been interested in property
development. He has been very successful at finding run down properties and quickly developing
them for sale at a substantial profit. In February 2017 Dinesh found what he believed to be a property
ripe for developing. He decided to employ Linux construction, a local builder, to help with the
restoration of the property. Linux construction told Dinesh that the work would cost Rs 11,18,000 this
included labour and materials. Dinesh accepted Mr. Bharat’s quote, who is the manager with Linux
on the proviso that the building works would be finished by 5th April2018. Dinesh told Linux
construction that the property had to be ready by that date because rather than sell the property he was
going to let it to a business as a ‘corporate let’. He was expecting to get Rs.11,200 per month rent for
the newly furnished luxury flat.

Linux construction started work mid February. Unfortunately due to bad weather and his plasterer,
Chandra, having to go into hospital for an operation, Linux construction realized that it would be
Unlikely that he would finish the job by 5th April. He informed Dinesh that in order to Finish the
work on time he would have to pay his existing men overtime and employ a New plasterer to replace
Chandra. In all he would have to raise the contract price by Rs.50,000. Although Dinesh could see his
profit dwindling he was more concerned that the flat would not be ready for his first tenant to move in
and so he reluctantly agreed.

Linux construction completed the project by the 2nd April and sent Dinesh his bill for Rs.11,68,000.
Dinesh said that due to financial difficulties he could only afford to pay Rs.11, 00,000. Linux
construction thought he better accept the Rs.11, 00,000 in case he ended up with nothing at all.
Dinesh sent Linux constructionacheque for the Rs.11, 00,000 together with a bottle of wine as a
thank-you. In July 2001 Linux construction heard that in May 2018 Dinesh had taken all his family to
Florida for a three-week holiday. Linux construction asked Dinesh for the Rs. 68,000 balance plus
interest to date.

Dinesh refused to pay the outstanding Rs. 68,000. Linux construction decided to sue Dinesh for the
Outstanding amount plus interest.

Based on the Problem given above Team is required to prepare their memorial from both the sides
(Plaintiff and Defendant) taking in to account all the issues that you may deem fit. Students are
required to present their memorials according to the Template already given.