UILS IntRA DEPARTMent Moot

COURT COMPETITIon, 2019

(1 to 3rd NOVEMBER,2019)
ST

MOOT PROPOSITION (GROUP I)

 INTRA DEPARTMENT MOOT COURT COMPETITION 2019

MOOT PROPOSITION
1. Sangwan Sports™ is a private company which is a leading name in production of
various cricket equipment in Hogwarts Republic. Being in business for more than 30
years successfully makes it a very well reputed company. The head office being located
in the city of Narnia, the company holds various units & branches established all over
the country. It has been supplying cricket goods to various cricket academies and
associations. It even supplied cricket goods to BCCI in 2018 for IPL league matches.
The company uses Dumbledore wood (a special quality wood) for making bats &
wickets with a special technique which makes the company stand apart in this field.
2. Cricklord Academy trains cricket players, organizes matches and is a well-known
academy in northern region of Hogwarts. The academy has given excellent players like
Rohit Kohli, Sachin Gavaskar, Kapil D’Souza and Syed Khan to the nation and
organizes an annual national cricket tournament for U-21 and U-19 category where
teams from all over Hogwarts participate. This year the tournament was from 5th to 9th
November, 2019 for which the academy desired to place an order of cricket kits to
Sangwan Sports™. The kits were to be delivered to the participating teams by the
Cricklord Academy a week prior to the tournament as per the general established
practice.
3. On 20th September, 2019 Sangwan Sports™ entered into a contract with Cricklord
Academy for supplying 200 kits at the price of Rs. 6,00,000/- to the academy by 25th
October, 2019. Cricklord Academy paid an earnest amount of Rs. 1,00,000/- in
furtherance of the contract that was prepared by the representatives of both the parties
and duly signed by both the parties.
4. Clause (g) of the contract mentioned that in case of non-delivery of kits by the company,
on the above mentioned date of the contract, Cricklord Academy will be entitled to get
double the earnest amount paid by them.
5. Clause (h) stated that if the academy did not pay the full sum on the delivery date i.e.
25th October, 2019 then Sangwan Sports™ will be entitled to the double of sum decided
for the payment of 200 kits.
6. Clause (i) mentioned that 1/4th of the kits must be delivered within the initial 15 days
of the contract wherein the quality of the kits shall be checked & the remaining kits
shall be delivered altogether on 25th October, 2019.

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7. On 5th October, 2019 Sangwan Sports™ delivered 50 kits to the academy. After which
on 7th October, the company got a notice from the academy stating that the material
used in manufacturing of the bats & wickets was not upto the mark and quality
standards that were decided. In reply to the notice, Sangwan Sports™ stated that they
will look into the matter and manufacture the 50 bats & wickets once again ensuring
that the quality is up to the mark.
8. In furtherance of the same, quality check inspector was sent by the academy to the
company and manufacturing resumed on 10th October in his presence. The said 50 bats
and wickets which were found to be of poor quality by the academy were manufactured
again and delivered to the academy on 13th October 2019.
9. On the fateful day of 21st October, 2019 a fire broke out in the Head Office and
manufacturing unit of Sangwan Sports™ at around 7:00 pm, burning everything to
ashes. The fire also resulted in the death of 10 employees and 30 others were injured.
The matter became a national headline and was covered by all the leading newspapers
for the next 2-3 days.
10. Later, a company led internal investigation revealed the cause of the fire to be, poor
quality wiring done by Dhawan Electronics, the company which performed all the
wirings and fittings of Sangwan Sports™, resulting in a short circuit at the premises.
11. On 23rd October, 2019 Cricklord Academy got to know about the incident from
newspapers and with the matches scheduled in coming days, assumed that the contract
between them and Sangwan Sports™ had become impossible to perform on the part of
the company and thus gave the contract of the remaining kits to Ardhaan Sports Goods
Corporation.
12. Immediately after which, Sangwan Sports™ upon information from its agents in the
business circle, about the academy’s deal with Ardhaan Sports tried to contact
Cricklord Academy but all the attempts to establish a communication with them went
in vain. On 27th October 2019 a press conference was organized by the CEO & Board
of Directors of Sangwan Sports™ after they realized that the Academy had turned
hostile towards them. In the press conference which was attended by leading media
houses, wherein the CEO maintained that, “It is very saddening how some associations
instead of standing with us in our hard times betrayed us & backed out from the very
contract that bound us. We, from now onwards shall be more vigilant, keeping in mind
the associations, we shall never cater to in future, considering their track record in

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failure to perform their contracts. It is notified upon our partners that associations like
these are based on tenets of betrayal and opportunism. We will be filing a law suit
against one of such associations very soon.”
13. The very next day Sangwan Sports™ filed a law suit against Cricklord academy for
breach of contract contending that only their manufacturing unit had caught fire and
they being thorough professionals had already manufactured and stored 130 kits in their
go down in Zirakpur and wanted to deliver the same to the academy. The company
sought payment of compensation as per clause (h) of the contract.
14. On 30th October, 2019 a cross suit for defamation against Sangwan Sports™ was filed
by the Academy contending that the statement given by the CEO in the press conference
damaged their reputation & due to the influence of their CEO’s market presence, other
production companies are hesitant to do business with them, further affecting the
tournament’s public image
15. Both the cases are heard by the civil court collectively and simultaneously. The court
shall conduct a final hearing on 2nd November, 2019 in which the following issues have
been raised:

A. Whether the Cricklord Academy is liable for Breach of Contract?

B. Whether Sangwan Sports™ can be made liable for defamation?
C. Whether Sangwan Sports™ is entitled to their claim under clause (H) of the contract?

A separate suit for negligence is filed by Sangwan Sports™ against Dhawan Electronics for
using poor quality wires which caused the fire of 21st October and the same is pending.

NOTE:
*The laws of Hogwarts Republic are in pari material with the Laws of India.
*The participants are free to argue upon additional issues.