TEAM CODE:13

TEAM CODE: 13

KLE SOCIETY’S LAW COLLEGE

KLE SOCIETY’S LAW COLLEGE
INTRA MOOT COURT COMPETITION 2022
INTRA MOOT COURT COMPETATTION 2022
4 TH AND 9TH APRIL 2022
24TH AND 25TH MARCH 2022

BEFORE

THE HON’BLE CIVIL COURSE

BEFORE

THE HON’BLE CIVIL COURT OF

CIVIL SUIT.______/2022
CIVIL SUIT. ______/2022

In matter of

In matter of
MR BEN PARKER ____________________________________________________PLANTIFF
MR.BEN PARKER ____________________________________________________PLAINTIFF

V.
V

HARRY OSBORNE AND ANR_________________________________________DEFENDENT

HARRY OSBORNE AND ANR_________________________________________DEFENDENT

MEMORIAL ON BEHALF OF PLANTIFF

MEMORIAL ON BEHALF OF PLANTIFF
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TABLE OF CONTENTS

LIST OF
ABBREVIATIONS………………….……………………………………………………….1

INDEX OF
AUTHORITIES………………………………..……………………………………………..2

TABLE OF
CASES………………………………………………...………………………………………3

STATEMENT OF
JURISDICTION………………………………………………………………………...……4

STATEMENT OF
FACTS………………………………………………………………………………….……..5

STSTEMENT OF
ISSUES……………………………………………………………………….……………….7

SUMMARY OF
ARGUMENTS……………………………………………………………………………….8

ARGUMENTS
ADVANCED…………………………………………………………………………………9

ISSUE 1: WHETHER MR.OSBORNE IS LIABLE TO PAY THE COMPENSATION?

……………………

ISSUE 2: WHETHER THE STATE OF LATVERIA IS VICARIOUSLY LIABLE FOR

THE ACTIONS OF MR
OSBORNE……………………………………………………………………………………
…………………………..

THE PRAYER
…………………………………………………………………………………………………
……………

MEMORIAL ON BEHALF OF PLANTIFF

__________________________________________________________________________
LIST OF ABBREVIATIONS

SL NO. ABBREVIATION FULL FORM

1. A.I.R ALL INDIA REPORTER

2. CO COMPANY

3. LTD LIMITED

4. I.C INDIAN CASES

5. S.C SUPREME COURT

6. SEC SECTION

7. U/S UNDER SECTION

8. V VERSES

9. PVT PRIVATE

10. ILR INDIAN LAW REPORT

11. SLT SCOTTS LAW TIMES

12. A.C APPEAL CASES

MEMORIAL ON BEHALF OF PLANTIFF

___________________________________________________________________________
INDEX OF AUTHORITIES

STATUTES REFERRED:

LAW OF TORTS AND MOTOR VEHICLE ACT 1985

BOOKS REFERRED

1. RATANLAL AND DHEERAJ LAL

2. LAW OF TORTS, prof. D.G. DESHPANDE, B.A., LL.M

3. LAW OF TORTS, RATAN LAL and DHEERAJ LAL.

MEMORIAL ON BEHALF OF PLANTIFF

___________________________________________________________________________

TABLE OF CASES

CASES REFERRED

1. PALSGRAF V. LONG ISLAND R.CO

MEMORIAL ON BEHALF OF PLANTIFF

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STATEMENT OF JURISDICTION

The plaintiff has approached this Hon'ble Civil Court of Doomstadt has inherent

jurisdiction to hear the instant matter under the section 9 of Civil Procedure Code. The

plaintiff humbly submits to this jurisdiction,

Section 9- Courts to try all civil suits unless barred.

The Courts shall subject to the provisions herein contained have jurisdiction to my all
suits of a civil nature excepting suits of which their cognizance in either expressly or
impliedły Barred.

[Explanation I) A suit in which the right to property or to an office is contested in a suit

of a civil nature, notwithstanding that such right may depend entirely on the decision of
questions as to religious rites or ceremonies]

[Explanation II For the purposes of this section, it is immaterial whether or nor any fees
are attached to the office referred to Explanation for whether or not such office is
attached to a particular place]

MEMORIAL ON BEHALF OF PLANTIFF

___________________________________________________________________________

STATEMENT OF FACTS

BACKGROUND

1. Peter Parker works in Doomstadt as a web developer. His uncle Ben, aged 60 years, is a
Station Master in Arkham Railway Station, situated in the rural part of Doomstadt. He visited
Peter for the Christmas holidays. Since uncle Ben was from a small village, the pace of life in
the city was something that he hadn’t been able to adjust to. December was exceptionally
cold that year and it snowed very frequently
2. The city is notorious for its miserable road infrastructure and terrible traffic. As a result of
these conditions, accidents were frequent in Doomstadt. Unbeknownst to Peter, Ben had
suffered an accident 6 months prior and had been suffering from PTSD since
3. On the eve of Christmas, when Peter and Ben were trying to cross a busy road, Ben became
numb and stopped midway on the road, being startled by the fast-moving traffic.

4. Mr. Harry Osborne, a traffic police officer, was going home after work. He had been a
teetotaller up until that fateful night when he was forced to drink alcohol by his best friends.
While avoiding a truck which was coming towards him from the wrong side, he swerved and
hit a pothole. This in turn caused him to lose control over the car and consequently hit Mr. Ben
Parker who was standing in the middle of the road. Harry was driving within the speed limit
and even tried to come to halt before he hit Mr. Ben Parker. That pothole has been a hotspot
for accidents in previous months but no action has been taken by the Government to remedy
the same.

5. As a result, Ben was admitted at the Latveria Central hospital and the diagnosis showed that
he had suffered multiple fractures to the ribs and also a broken leg. Considering his age, the
doctor opined that complete recovery is not possible and also that he would not be able to attend
to his daily functions without assistance. Due to the fact that Peter was taking days off from
his work to tend to his uncle, he lost his job which was his only source of income. Mr. Ben
Parker also lost his job because of his ailing condition.

MEMORIAL ON BEHALF OF PLANTIFF

DISPUTE AND SUIT

6. Mr. Peter Parker filed a suit against Mr. Osborne and the Republic of Latveria, claiming
a compensation of 50,00,000 Lats (currency of Latveria) for the loss of employment of
both Ben and Peter, their collective mental agony, the injuries suffered by Ben and the
resulting medical expenses.

MEMORIAL ON BEHALF OF PLANTIFF

___________________________________________________________________________

STATEMEMT OF ISSUES

ISSUE NO . 1
WHETHER MR.OSBORNE IS LIABLE TO PAY THE COMPENSATION

ISSUE NO .2
WHETHER THE STATE OF LATVERIA IS VICARIOUSLY LIABLE FOR THE
ACTIONS OF MR OSBORNE

MEMORIAL ON BEHALF OF PLANTIFF

 SUMMARY OF ARGUMENTS

ISSUE 1: WHETHER MR.OSBORNE IS LIABLE TO PAY THE COMPENSATION

A traffic police officer though being aware of consequences drove the car after
consuming alcohol not being in control had a rash car drive , it is a punishable offence
under the sec 185 of motor vehicle act and certain charges should be paid as a fine.

ISSUE 2: WHETHER THE STATE OF LATVERIA IS VICARIOUSLY LIABLE FOR

THE ACTIONS OF MR OSBORNE

It is humbly submitted before the honourable court that the defendant is liable on
behalf to pay the damages to plaintiff because of the physical and psychological distress
caused by the negligent act. The government is also vicariously liable to pay damages
for the negligence of issues.

MEMORIAL ON BEHALF OF PLANTIFF

 ARGUMENTS ADVANCED

ISSUE 1: WHETHER MR.OSBORNE IS LIABLE TO PAY THE COMPENSATION

1. Being a traffic police officer he must have taken due care. He was aware of the
consequences he could have taken cab or could have ask someone to drive he
himself drove the car which is a negligence.
2. He is a teetotaller he is not an alcoholic so he will not be in control.
3. It was December Henry know that the roads will be slippery he must have driven
the car with due care.
4. Under section 185 of the motor vehicle offence when one drive the vehicle with
alcoholic content their blood is a punishable offence.
5. Henry himself being a government traffic police officer committing an accident
his licence must be cancelled.

6 . As Mr. Osborne is a TEETOTALLER, he should know that he shouldn't drink

even if Someone offers. Also since it was his first time as a police officer he who knows
the rules should be vary of DRINK and DRIVE and should have avoid the driving in
any cause

MEMORIAL ON BEHALF OF PLANTIFF

ISSUE 2: WHETHER THE STATE OF LATVERIA IS VICARIOUSLY LIABLE FOR
THE ACTIONS OF MR OSBORNE

1.Doomstadt is the capital city of the Republic of Latveria, with a population of 25

million people. The city is notorious for its miserable road infrastructure and terrible
traffic. As a result of these conditions, accidents were frequent in Doomstadt.

2. That pothole has been a hotspot for accidents in previous months but no action has
been taken by the Government to remedy the same

3. As the given facts the government neglected the remedies for the accidents to be
happen or to be happened. Its is predictable by anyone that the spot is famous for the
accidents as it has miserable roads and terrible traffic.

4. As peter parker works in Doomstadt as a web developer his source of income was cut
off as he lost the job to take care of his uncle and this was caused due to the accident as
he was to take care of his uncle.

5. The accident had happened in the month of December and its was exceptionally cold
that it and snowed frequently, this should have catch the government eyes and order the
municipal or road corporation to clear the snow time to time or keep the warning signs

6.In Doomstadt, while there is no clear law dealing with the vicarious liability of the
state. Article 3000f the Indian constitution specifies that the union of Doomstadt or
Government of state can sue and be sued like any ordinary person.

7. This Master and servant contract, between Mr. Osborne and government and for the

8. The legal maxim Qui Facit per alium Facit per se also applies to the concept of
vicarious liability, which means he who acts for another, acts for himself.

10. Composite negligence.

11. Remoteness of damage

MEMORIAL ON BEHALF OF PLANTIFF

 PRAYER

Wherefore, in the light of facts stated, the cases cited, issues raised, arguments advanced
and authorities cited, it is most humbly prayed and implored before the Hon'ble Civil
Court of, that it may be graciously pleased to adjudge and declare that:

1. The defendant is liable for negligence and the plaintiff is entitled to damages as
sought.

2. The sum claimed by plaintiff is reasonable considering, the inconvenience the

plaintiff had to experience.

3. The plaintiff has a claim under the Law of torts as it fulfills all the requirements for
a negligence .

Also, pass any other order that the court may deem fit in favour of the plaintiff to meet
the ends of Equity, Justice and Good Conscience.

For this act of Kindness, the Plaintiff shall duty bound forever pray.

Place: Doomstadt Respectfully submitted,

Dated: 31st March 2022 Counsel for Plaintiff

MEMORIAL ON BEHALF OF PLANTIFF