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Group 7 BA LL.

B (Sem 3)

Case facts for Moot

‘A’ requests ‘B’ the owner of the ship to transport 50 containers of Basmati rice from Calcutta to
Gujarat. ‘A’ further stated to ‘B’ that at Gujarat the said containers of Rice should be delivered to
‘X’. It was further stated by ‘A’ to ‘B’ that the said containers should be depart from Calcutta on
01-08-2017 at 05:00A.M., so that the consignment should reach its destination within time period
as agreed between ‘A’ and ‘X’.

‘B’ has demanded Rs. 10,000/- per container as consideration for doing the said assignment and
A agrees for the same amount. But later on, before the 4hours of shipment A said to B that 10,000
is too much and he makes a offer of 7,000.

‘B’ finding no other alternative has agreed for Rs. 7000/- per container as consideration for
transporting the same despite the fact that ‘B’ was incurring loss in the said transaction. ‘A’ has
accordingly paid the total consideration amount in advance to the ‘B’. ‘A’ has specifically
mentioned to ‘B’ that time is the essence of this agreement.

‘B’ could not depart the ship as per the scheduled date and time due to avoidable dispute of B’s
with its employees, due to which the delivery of Rice containers to ‘X’ were considerably delayed.

‘X’ initially refused to take delivery of Rice containers from ‘B’ due to delayed delivery but
lateron when ‘A’ has lowered the agreed prize of the rice containers then ‘X’ finally took the
delivery of the rice Containers below the agreed prize.

‘A’ filed the suit against ‘B’ for damages due to the loss suffered by ‘A’ due to acts of ‘B’ and
recovery of consideration amount paid by ‘A’ to ‘B’ due to breach of contract by ‘B’.

Decide the present case in light of the provisions of the Indian Contract Act, 1872.

Decide the present problem in light of various provisions of Indian Contract Act, 1972.

Based on the Problem given above Group 7 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. While
presenting the contentions from both the sides’ parties are at liberty to assume facts which they
believe essential for the presentation of their case.
Teams consisting of 6 students will be divided as plaintiff and defendant containing 3 students
each. Each student shall prepare individual memorials on all the 3 issues and shall submit the same
to the faculty coordinator for feedback

After obtaining feedback from the faculty coordinator, the students must prepare two memorials
jointly – One Applicant Memorial and the other being the Respondent Memorial for submission
to the panel of judges.

While presentation, the three students representing themselves as plaintiff or the defendant must
divide issues amongst themselves and present one issue each before the judges. For example: if
there are three issues, the first student shall present Issue 1, the second student shall present Issue
2 and the third student shall present Issue 3 respectively.

Both the Plaintiff and the Defendant shall be given the opportunity to argue and present their case
for 30 minutes each. At the end, 15 minutes rebuttals time shall be given to them.

For more details refer the mail titled MOOT COURT POLICY AND RULES send to all at
ballbgibs2017@google groups.com

Contact the undersigned for any issues/problems, if any.

By :- Chhavi Gupta

Class Coordinator

BALLB 3rd Semester

(2017 Batch)

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