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JAGRAN LAKECITY UNIVERSITY

FACULTY OF LAW

JLU FRESHERS’ MEMORIAL DRAFTING COMPETITION, 2023

MOOT PROPOSITION

1. The nation of Ulverstone is a diverse population divided on the lines of religion, ethnicity,
caste, language, and culture. The cultural heritage legacy of Ulverstone includes the cultural
attributes of dance forms which are celebrated in the present and are widely popular among
the masses of the country, as inherited from past generations.
2. Ms. Felicity Felix is a popular dance artist in the city of Newstead, Ulverstone. She has
given over 2000 dance performances on prestigious platforms in the last 25 years of her
performing the art. She worships the dance Gods and is deeply rooted to her culture. The
way she portrays herself and her crew through costumes and dance set-ups is what inspires
the youth of the nation.
3. Ms. Felix, on 2 September, 2023 asked her manager, Ms. Treesa Thomas to place an order
for heavy dance costumes for her team and herself for the performance on 20 September
2023. Ms. Treesa, being burdened with work and copiously occupied, failed to place an
order on the said date and instead placed the order when she got free on 4 September 2023.
4. The order, via telephonic conversation, was placed with “Dress-On-Demand Dress
Suppliers” [hereinafter known as the “supplier”], the masthead of whose newspaper
advertisements read “Nationwide delivery within 14 days of the order being placed”. On
being convinced after reading Google reviews from its previous and recent customers,
correspondence regarding the order details took place between the Ms. Treesa and the
supplier. The date of delivery was finalised to be 18 September 2023.
5. Ms. Felix was invited to a cultural evening program to perform, in which state ministers
and other honourable dignitaries were invited to grace the event. 1000+ tickets of the
program were sold in no time owing to Ms. Felix’s popularity.
6. On 14 September 2023, there was a minor change in fabric specified by Ms. Felicity’s team
to the supplier to enhance the durability of the costumes while performing. On 15
September 2023, correspondence was made from the supplier’s end to make a small
enquiry about the particular minor specification. Ms. Felix’s team replied to this on 18
September 2023.
7. On the due date of delivery, no delivery was made and a legal notice was thus sent on 19
September 2023. On 21 September 2023, Ms. Felix filed a suit against the supplier seeking
damages for non-delivery of costumes and special damages.
8. Ms. Felix also took to Q (formerly known as Witter) and wrote, “Dress-On-Demand Dress
Suppliers are a bunch of inefficient people, and they claim what they cannot fulfil. If you
are placing orders with them, place them well in advance or be ready to be late!”. The
supplier has instituted a suit of defamation against Ms. Felix.
9. The District and Sessions Court of Newstead, Ulverstone has clubbed both the suits and
has scheduled it for final hearing.

Issues:

1. Whether or not the contract between Ms. Felix and the supplier is valid?
2. Whether or not was there a breach of agreement?
3. Whether or not Ms. Felix is entitled to damages?

Note:

1. The laws, reports, data, and statistics of Ulverstone are pari-materia to the Union of India.
2. Teams may add any other issues as per their understanding and need.

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