CLLS 2nd GRAND INTRA MOOT COURT

COMPETITION 2023

31st of March & 1st of April, 2023

THEME: DOCTRINE OF FRUSTRATION

FRUSTRATION,, NECESSARIES,
ESTOPPLE, RATIFICATION & NOVATION

COLLEGE OF LAW AND LEGAL STUDIES

TEERTHANKER MAHAVEER UNIVERSITY

MORADABAD
Delhi Road Moradabad
Moradabad-244001 U.P.
 OBJECTIVE OF THE COMPETITION
The College of Law and Legal Studies 2nd Intra Moot Court Competition, 2023 is designed for
aspiring lawyers to utilize their research and analytical skills and to employ their legal acumen.
It is one of the most efficient sources from where students can get the educatio
educationn and imbibe all
the qualities and skills that a lawyer requires. In a nutshell, the competition seeks to bring forth
the ‘virtus legalis’ in each student.
The proposition of the memorandum has been designed in the light of the same and it focuses
on diverse areas of on Contractual
ctual Laws & Constitutional Law.

AIM AND PURPOSE

The College of Law and Legal Studies 2nd Intra
tra Moot Court Competition, 2023 has been
conceived with the aim of creating opportunities to learn the development of jurisprudence on
emerging trends in the domain
omain of transformative
transformative Philosophy of Contract Laws &
Constitutionalism. It has been designed with a vision to enrich the knowledge
knowledge of aspiring
lawyers in keeping with the mission to actively bridge law and governance through legal
education while developing all the proficient skills in research, writing and advocacy.

SCHEDULE
S.NO PARTICULARS DATES
Commencement of Registration 22/02/2023
Last date for Registration 03/03/2023
Last date to seek Clarifications 10/03/2023
Release of Clarifications 11/03/2023
Submission of Memorandum and 28/03/2023
Compendium
Inaugural Ceremony & Draw of Lots 31/03/2023
Oral Rounds - Prelims and Quarter Finals 31/03/2023
Semi Final Rounds, Final Round & 01/04/2023
Valedictory Ceremony
 MOOT PROPOSITION
1. Alex Martin, a sixteen-year
year prodigy, citizen of Indraprasht was the recipient of the
“Sensational Voice of the Nation” award. He was an astounding singer, extremely talented not
only in Rap, Rock, Hip-Hop
Hop and Jazz but also in Classical and Folk. He wanted
wanted to develop his
musical career by releasing fusion albums combining different genres and by engaging himself
on world music tours. So, he wanted a multi
multi-purpose, ultra-modern
modern architectural marvel where
he could have his recording studio, theatre - for live
ve musical performances and a roof top pool
for hosting parties. He misrepresented himself as a major and put the task out to tender.

2. M/s. Brendon & Brendon was a leading building constructor and infrastructure provider.
They offered to do the entire work for Rs.100,00,000/-.
Rs.1 . Both the parties knew that this was an
unrealistically low-price
price contract and the amount will be paid in installments in order of the
completion of different phases of the assigned work.

3. Alex Martin accepted their offer and entered

entered into a contract for construction of the multi
multi-
purpose building and for providing all amenities therein. According to the contract, the ground
floor was for parking, the first floor was for the music theatre, the second floor was for the
recording studio
udio and the last floor for the roof top pool.

4. M/s. Brendon & Brendon completed the construction of the ground floor and first floor and
ran out of money and materials for further construction. They informed Alex Martin that they
could not complete thee construction unless further capital was made available to them.

5. Alex Martin had arranged a poolside party to which he had invited top music directors,
producers and other renowned individuals in the music industry whom he believed would fund
for his dream music albums and music tours. So he was desperate to have the construction of
the roof top pool completed as stipulated. He had requested for the continuance of the
construction work and further requested to spend the remaining amount of Rs.70,00,000/-
Rs.7 on
the work out of their own funds and assured them that the money would be paid to them as
soon as his album is released.

6. The roof top pool was completed and the party was a success. Alex Martin entered into a
contract with Rock-On Music Producers
Producers who agreed to fund for the fusion albums and world
tours. Alex Martin told Ms. Laura Brendon,
Brendon the Manager of M/s. Brendon & Brendon
“Madam, you have saved my career. Don’t worry about Rs.70,00,000/-.”
Rs.7 .” Having this as a
promise, M/s. Brendon & Brendon started a new project. However, Alex Martin’s
Martin new fusion
music album was a disastrous flop. Social media enthusiasts and meme pages massively trolled
him for his raucous and bizarre fusion music. He then found himself unable to pay the amount
of Rs.70,00,000/- to M/s. Brendon & Brendon
Brendon.

7. Ms. Laura Brendon compelled Alex Martin to render a music performance in her daughter’s
birthday party. Apart from relatives and friends she had also invited rich people, in order to
secure contracts regarding building, construction etc. and in return she agreed to release Alex
Martin from paying ng the debts of Rs.7
Rs.70,00,000/-. Alex Martin agreed on this point and was
ready for the music performance in the party. He also wanted to get back his lost reputation and
start his career afresh. However before the party, he suffered from a severe sore throat
thro due to
over-repetition
repetition of rehearsals. Then he did not perform in Ms. Windy Jones’s ’s party on the
advice of his doctor.

8. On Alex Martin’s ’s eighteenth birthday, both the parties, on grounds of humanity, decided to
alter the contract. Alex Martin acknowledged
acknowl the debt taken from M/s. Brendon & Brendon for
rendering past services and further both agreed on the same point that Alex Martin would pay
the debt through easy monthly installments (EMIs) of Rs.1,20,000/-
Rs. per month till the
repayment of the amount of Rs.7
Rs.70,00,000/-.

9. Alex Martin,, later on, felt that the work done by M/s. Brendon & Brendon was not
performed as he had specified. He further pointed out that the material used for constructing
was substandard and not satisfactory. He estimated tha that this
his would have cost them
Rs.12,00,000/- only. He claimed that he had paid the money already.

10. Alex Martin then decided to dispose off his property, without paying a single dime to M/s.
Brendon & Brendon.. When all this foul play came to their knowledge,
knowledge, they tried to restrain
him by putting enormous pressure in order to recover their money amounting to a total sum of
Rs.70,00,000/- which they spent on the construction and amenities. Even after such prolonged
period and altered mode of payment, M/s. Brendon & Brendon could not recover the debt from
Alex Martin.. As a last resort, they sent him a legal notice, stating that the money shall be repaid
within 15 days. However, Alex Martin did not send any correspondence or reply to the said
notice.

11. In this context, M/s. Brendon & Brendon finally decided to seek remedy from the Court of
Law in this regard. The suit was filed by M/s. Brendon & Brendon before the Civil Court of
Trent-Bridge, in the State of Indraprasht on the ground that they had constructed the building
as per the terms of the contract and had taken all the diligent steps to recover the loan made
available to Alex Martin for Rs.70,00,000/-
Rs.7 but now he refused to pay the said amount and
alleged fraud against him. They also prayed for injunction restraining Alex Martin from selling
the property until the suit was disposed off.

12. The Civil Court of Trent-Bridge

Bridge heard the matter and held that a minor’s contract is void ab
initio and thus set Alex Martin free from all his liabilities towards M/s. Brendon & Brendon by
upholding the judgment passed in Mohori Bibee v. Dharmodas Ghose. The plea of restitution
raised by the Plaintiff was rejected and injunction was not granted.

13. M/s. Brendon & Brendon prepreferred an appeal before the High Court of Trent-Bridge.
Trent The
High Court granted injunction and decided to hear the case on merits.
The following are the Issues
ssues framed for consideration:
i. Whether there is a valid contract between M/s. Brendon & Brendon and Mr. Alex
Martin?
ii. Whether the judgment passed in Mohori Bibee v. Dharmodas Ghose needs
reconsideration?
iii. Whether the Civil Court of Trent-Bridge was correct in rejecting the plea of
restitution?

Note:
Any other relevant issue that the mooters find appropriate can be raised, subject to a
maximum of four issues in total.

*The principles of supply of ‘necessaries’, frustration of contract, estoppel, ratification and

novation may be relied upon.

Laws of Indraprasht are pari materia to laws in India.

Judgements of The Supreme Court of India,

India Common Law judgments and other foreign
judgments hold high persuasive value in High Court of Trent-Bridge
Bridge & Supreme Court of
Indraprasht.
 RULES AND REGULATIONS

GENERAL INFORMATION
FORMATION

• These are the rules for the CLLS 2nd Grand Intra Moot-Court
Court Competition organized by
College of Law and Legal Studies, TMU.
• The moot court competition will be held from 31st of March, 2023 to 1st of April, 2023.
• The Moot-Court Organizing
rganizing Committee (MOC)
( OC) shall function as the point of contact,
and any changes in the Rules of the Competition shall be notified by mail & pasting
such corrigendum at Notice Board to all participating teams.
• The Competition shall be conducted
conducted in accordance with the rules mentioned herein
under.. Participants are required to comply with the rules and procedures prescribed
herein.

LANGUAGE
• The official language for the Moot Court Competition shall be English only.

ELIGIBILITY
• All the students of Five
Five-year
year integrated law degree are eligible to participate in the
Competition. Multiple teams can participate from the same semester.

ATTIRE
• Male Participants: Black Trousers, White Shirt, Black Blazer, Black neck tie and Black
formal shoes;
• Female Participants:
rticipants: Black Trousers/Skirt, White Shirt, Black Blazer, Black neck tie
and Black formal shoes (or) White Salwar Kameez, Black Blazer and Black Formal
shoes.

TEAM COMPOSITION
• Each Team may consist of either two members, comprising two speakers or three
members, comprising two speakers and one researcher.
• Any alteration in the status of the team members, whether as a speaker or researcher,
 must be informed through mail or personally to concerned person/team.
person
• If any team is willing to alter the team composition, can do so by intimating the
organizing committee via e-mail/personally
e mail/personally within five days before the competition.
Any such requests after the given time shall not be entertained except in case of
unprecedented
nprecedented circumstances. The inability of any team member to participate in
accordance with the rules of this Competition shall lead to immediate disqualification
of the Team from the Competition.

PARTICIPATION AND REGISTRATION PROCEDURE

• The teams interested in participating are required to confirm their participation by
filling up the Google form.
• The last date of registration is 03/03/2023 (11:59 P.M.).
• A confirmatory e-mail,
mail, together with the team code, shall be sent to such a Team on
registered email id.
• Thereafter, all the registered teams shall identify and refer themselves using the allotted
“team code” only for all further correspondence with the organizing committee.

REGISTRATION FEE
• Participating Team is required to pay Rs.150/
Rs.150/- fees towards Registration.

MEMORIALS
• All memorials submitted for the purposes of the Competition shall strictly adhere to the
rules as stated below.
• Each Team is required to prepare Written Submissions for both sides, i.e., the
Applicant(s)/Appellant(s)/
Applicant(s)/Appellant(s)/Petitioner(s)
Petitioner(s) and the Respondent(s) of the case.
• A Written Submission shall be identified solely by the Team Code assigned to the
Team. The Written Submissions shall not, in any way, disclose any fact pertaining to
the Identity of the Team its members (not limited to the name of the participants), or the
Institution/College/University represented by the Team.
• The memorials must contain the following
follow sections in the order as stated below -
1. Cover Page
2. Table of Contents
3. Index of Authorities
4. List of Abbreviations
5. Statement of Jurisdiction
6. Statement of Facts
7. Statement of Issues
8. Summary of Arguments
9. Arguments Advanced (25 pages)
10. Prayer (1 page)
• The memorials should not exceed 40 pages, including the cover page. Non-
Non compliance
with the above criteria shall result in a penalty of two marks per missing section.

• The Cover Page of a Written Submission must contain the following information:
1. The Team Code in the upper right
right-hand
2. The name and year of the Competition
3. Cause Title
4. The party on behalf of whom Written Submi
Submission has been made
5. Name of the forum resolving the dispute
• The Written Submission (including the preliminary pages and excluding the cover
page) shall adhere to the following mandatory specifications:
1. Paper size: A4
2. Font type: Times New Roman
3. Font size: 12
4. Line spacing: 1.5
5. Indent: Justified
6. Margin: 1 inch on all sides
7. For footnotes, the formatting specifications are:
Font type: Times New Roman
 Font size: 10
Line spacing: 1
Paragraph spacing: 0
No additional space between 2 footnotes
Body of text: Justified
• The teams shall follow 20th edition of the Harvard Blue Book, for citation throughout
the memorial, with strict adherence.
• The cover page of the soft copies of the Memorandums shall comply with the following
color scheme:
Applicant(s)/Appellant(s)/Petitioner(s)
s)/Petitioner(s) – Blue (in any shade)
Respondent(s) – Red (in any shade)
• Each Team shall submit hard copies of the Written Submissions, via physical mode, on
or before 28/03/2023 byy 11:59 P.M. The Written Submissions must be made in hard
copies only.
• Each Team has to send three
hree (3
(3) separate file attachments:
• One as Memorandum on behalf of the Applicant(s)/ Appellant(s)/ Petitioner(s) and one
as Memorandum on behalf of the Respondent(s) in Hard Copy as well as in PDF.
• The Hard Copy as well as in PDF files should be named according to the Team Code
and the side for which the Written Submission is prepared. [For instance, Team 01 will
name its Written Submission for the Applicant(s)/ Appellant(s)/Petitioner(s) as 01A and
Written Submission for the Resp
Respondent(s)
ondent(s) as 01R.) Use of any other format (example,
"Team 01A" or "Team 01R"] will be negatively marked.
• Two separate mails have to be sent with subject as prescribed:
prescribed:-
• For Memorandum Submission: Memorandum Submission - Team Code
• For Compendium Submission
Submission: Compendium Submission - Team Code
• The maximum score for the memorials shall be 100 marks. The memorials shall be
evaluated on the following criteria:
 CRITERIA POINTS
1. Knowledge of Law and Facts 25 Marks
2. Proper and Articulate Analysis 25 Marks
3. Extent and Use of Research 25 Marks
4. Clarity and Organization 15 Marks
5. Grammar and Style 10 Marks

COMPENDIUM
• It is compulsory for every participating team to submit a compendium consisting of all
the case laws along
ong with the memorandum.
• The last date for submission
submissi of compendium is March 23, 2023.
• Compendium shall be presented by the way of screen sharing only with permission of
the judge(s).

STRUCTURE OF THE COMPETITION

• The Competition shall be conducted for three days from……………..
• The timeline of the event is attached herein above.
• The Competition shall consist of the following Oral Pleading Sessions:
The Preliminary Rounds
The Quarter Final Rounds
The Semi-Final
Final Rounds
The Final Round
• The Teams participating in a Round will be provided with a soft copy of the opposing
Team's Written Submission prior to the Oral Pleading Session.

PRELIMINARY ROUND
• To determine the Order of participation in the event’s preliminary rounds, all the
registered teams shall particip
participate
ate in a draw of lots to be conducted for that purpose.
Such a draw of lots shall take place on ………………..,, immediately after the inaugural
function. The exchange of memorials and orientation of the teams shall be conducted
 immediately after the draw of lots.
lots
• For the preliminary rounds, each Team shall argue twice: once on behalf of Petitioner
and once on behalf of Respondent (Prelims
(Prelims-I and Prelims-II round).
• No two teams shall face each other more than once in the preliminary rounds.
• In determining the scoress in the preliminary rounds, memorial scores will be added to
the oral scores.

QUARTER-FINALS, SEMI-FINALS
FINALS AND FINALS
• The top eight teams of the preliminary rounds shall qualify for the Quarter-final
Quarter rounds.
• From the Quarter-final
final rounds, winning teams fr
from
om each round shall proceed to the
subsequent stages of the Competition on a knock
knock-out
out basis, as per the formula stated
below-
Quarter-finals
finals = Preliminary Round Oral Scores + Memorial Scores
Semi- finals = Quarter-finals
Quarter round oral scores
Final Round= Semi-Finals
Finals round oral scores

TECHNICAL RULES
The hereinafter mentioned technical rules applicability will be subject to the existing COVID
conditions and Lockdown guidelines issued by University Authorities Vis-à-vis
Vis vis with that of
issued by the either of the Governments whether Union or State
State.
1. The Competition will be conducted using online live video conferencing platform. The
details of the platform shall be shared with the teams via mail.
2. To ensure the smooth functioning of the competition, in adherence to the rules of Social
Distancing and Government Guidelines, all participants will participate from their
respective places.
3. Invitation link of the meetings including the link to join the courtroom shall be sent to
participants on their respective Email IDs submitted by them in Registration Form and
through Whats App prior to each round.
4. The Participants are expected to be seated in a quie
quiett space free from any echo and
isolated from any form of disturbances.
5. The Participants must make sure that the Background is plain and sober which does not
disturb the judges. Preference will be given to a White background.
6. The participants should make necessary
necessary preparations before entering the meeting room
i.e., downloading the required Application and ensuring that their device is compliant to
the terms mentioned.
7. The participants should only use their team code as their username while joining the
meeting room.
8. All participants shall join at least five (5) minutes prior to the commencement of their
round. In case any team fails to join the Court Room within five (5) minutes of its
commencement, the opposite team shall proceed ex -parte.
9. During the ongoing proceedings the participants must keep their video on throughout its
duration.
10. When a speaker is making his/her submissions, other participants shall keep their
microphones on mute. In case a participant is found disturbing the other participant in
any way,
y, he/she may be disqualified.
11. No additional documentation or screen sharing will be allowed and any information
which has to be provided to the court should be submitted beforehand along with the
Compendium and the Memorial.
12. In case internet connection of Speaker 1 is lost or if that Speaker faces any other
difficulty in connecting, a time limit of ten (10) minutes shall be given to that speaker to
reconnect. After ten (10) minutes, Speaker 2 will take over to put forth his arguments. If
Speaker 1 fails to reconnect, the team shall be marked on the basis of arguments put
forth by Speaker 2 and Speaker 1 only if he has put forth any arguments before
disconnection.
13. The Organizers shall not be responsible for any loss due to slow or non -functional
Internet Connection
nnection during the Competition.
14. In any case whatsoever, the decision of the Organizi
Organizing
ng Committee shall be final and
binding.
RESULTS
1. The results shall be announced shortly after each round. The decision of the judges in
the rounds shall be final. For aall
ll purposes and in any dispute, the decision of the
Organizing Committee of the Competition shall be final and binding.
2. The result of final round shall be announced at the valedictory ceremony, to be held on
April 1, 2023.

AWARDS
Winning Team Award – The winning Team will receive a Certificate of Achievement.
Runner-Up Team Award –The
The runner
runner-up
up Team will receive a Certificate of Achievement.
Award for the Best Speaker – The Best Speaker will receive a Certificate of Achievement.
Award for the Best Memorial – The Team will receive a Certificate of Achievement.
 President
Prof. (Dr.) Harbansh Dixit

Dean
Dean, CLLS TMU Moradabad

Vice President
Prof. (Dr.) Sushil Kumar Singh
Principal,
Principal CLLS TMU Moradabad

Organizing Secretary
Mr. Bishnanand Dubey
(Assistant Professor)
Mr. Yogesh Chandra Gupta
(Assistant Professor)

Moot--Court Committee Coordinator

Mr. Aruno Raj Singh
(Assistant Professor)

Student Coordinators
Ms. Harshita Sarin Mr. Kunal Jain
Mr. Akash Saini Ms. Priyanshi Mathur

Members Faculty
Mr. B.R. Mourya
Mourya,, Mr. Pradip Kashyap, Mr. Sourabh Batar

Members Students
Ms.Neha
.Neha Chaudhry, Ms.Ishita Rathor, Ms.Zoha
Ms. Khanam, Ms.Yashvi Singh, Mr. Shivansh
Bansal, Mr.Sanjeet
Sanjeet Kumar, Mr.
Mr.Sankalp Sharma, Ms. Sweta Rani, , Ms.Kanika
s.Kanika Miya
Mr.Yashasvi