The LAW Learners

‘What if you were

the supreme
court for a day?’
JULY 12, 2019

TLL’s What if you were the

Supreme Court for a Day
2019
Prelims Round 1 thela
 PRELIMS – ROUND 1
CASE

PRELIMS ROUND 1– 12 JuLy ‘2019 th

FACTS OF THE CASE

The Republic of Farlie is a newly established democratic republic state. The Constitution of
Farlie is considered to be the lengthiest constitution of the world. Although the Republic of
Farlie is a very small and not financially very strong country, it has well-formulated provisions for
the welfare of its citizens but it lacks provisions for various medical services.

Mr. Shah, a philanthropist, loyal and successful citizen of the Republic of Farlie, established a
hospital “High Hopes” in Twizel which is the capital of the Republic of Farlie. The objectives
for the establishment of the hospital were to provide good health care services at a subsidized
and affordable price to all the citizens of the country. The hospital gained great reputation for
innovating and introducing new medical techniques, thus gaining popularity and earning great
profits. Highly qualified and experienced doctors were recruited in the hospital.

Kapoor & Sons, a leading pharma partnership firm of Farlie, found a new medicine to cure
tuberculosis which was rampant in Farlie. Kapoor & sons was a registered partnership firm
under the Farlie Partnership Act, 1932. It was registered on 10 January 2010. It consisted of four

TLL’s What if you were the

Supreme Court for a Day
2019
Prelims Round 1 thela
members – Sanjay Kapoor aged 45, Anil Kapoor aged 39, Arjun Kapoor aged 28 and Harsh
Kapoor aged 17 years. It had its head office in Twizel. Mr Shah wanted to have partnership with
Kapoor & Sons to make the medicine available to his hospital at a subsidised rate.

With this intention, Mr. Shah sent an e-mail to the firm on 15 December 2016 offering the firm
for the acceptance of the contract. As the medicine was produced with new technology, Mr.
Shah mentioned in his email:

a) The technology for production of the medicine for tuberculosis shall be shared by High
Hopes Hospital with Kapoor & Sons under a Non-Disclosure Agreement and which the latter
may use solely for production of the medicines under this Contract.

b) Kapoor & Sons shall indemnify High Hopes Hospital for any contingency arising out of the
use of medicines made pursuant to this contract.

Due to the non-availability of the other members, Harsh Kapoor, responded to the email
positively stating that the firm accepts the offer made by the High Hopes Hospital.

However, after other partners of the firm returned, Harsh orally explained them of the email
without mentioning the 2 terms laid down in the email. The other partners saw this as a lucrative
business opportunity and proceeded to perform the contract without delay.

Once the medicines had been supplied, High Hopes hospital started using the same for
treatment purposes. However, one patient Jayraj Shinde who was being treated by the medicines
fell very ill one evening. Tests conducted upon him showed that tuberculosis cells in his body
were now growing at a very rapid rate. With much difficulty, he was saved and the use of
medicines upon him was immediately stopped. However, he suffered from prolonged pain and
had to go through the treatment for an extra year compared to what the prognosis had been
earlier. This increased his medical bill by Rs. 55,000.

TLL’s What if you were the

Supreme Court for a Day
2019
Prelims Round 1 thela
Traumatized by the situation Jayraj Shinde’s wife demanded compensation from Hospital. On
being refused, she approached the District Court. The District Court held that Jayraj’s wife is
liable to get compensation of Rs. 75,000 under the law of the land and attributed duty of care
upon the hospital.

The Hospital informed Kapoor & sons about the incident and asked them to pay the
compensation according to the liability clause mentioned in Mr. Shah’s email. The firm denied
the existence of any such contractual term. High Hopes hospital then sued Kapoor & sons for
paying the sum of indemnity.

The District Court held that the contract is valid as the firm had later approved of the contract
by performing their obligation under the contract and accepting the consideration under the
same.

Kapoor & sons appealed to High Court of Twizel. However, the High Court upheld the
judgement of the District Court. Aggrieved by the judgment of the High Court, Kapoor & Sons
filed an appeal in the Supreme Court.

The matter is pending for the final hearing in the Supreme Court.

ARGUMENTS BY THE PARTIES

Arguments by the Petitioners

The Contract was entered into by the minor partner and is hence void. Also the firm as a whole
was unaware about the clauses to the contract.

Argument by the Respondents

TLL’s What if you were the

Supreme Court for a Day
2019
Prelims Round 1 thela
The doctors, took the contention that his condition was already quite bad when the treatments
began and that he was not co-operating with the hospital staff, specifically, by not taking the
medicines on time. They further contended that use of medicine had no connection with the
worsening of Jayraj’s illness and cited that several other patients being treated by this medicine
were showing signs of improvement.

Note:

The laws of Republic of Farlie are in parimateria to the laws of Union of India.

guidelines
 As the Final Adjudicator to the dispute you are to decide the case, based
on the given facts and laws.
 The MAXIMUM WORD LIMIT OF THE JUDGEMENT IS 600
WORDS [+- 100].
 The Judgement need not mention or reiterate the facts again. However,
wherever relevant you can mention them.
 The Issue has to be decided by the application of law to the factual
situation.
 As the Judge, you shall be neutral and must only appreciate the given
Facts, Arguments and the Law. Avoid going beyond the same.

TLL’s What if you were the

Supreme Court for a Day
2019
Prelims Round 1 thela
  As a matter of fact, although a judgement follows a set structure.
However, in the Event, there is no set structure and no marks shall be
allocated to that. The Review Team is concerned with the Substance.
 As already conveyed, Co-Authorship is allowed, however both the
authors should have registered for the Event. While Submitting, please
mention both authors’ Names and Email ids, in the Form.
 The Deadline of Submission is 12th July ’19, 06:00 P.M. A maximum
grace of 30 Minutes shall be provided and NO SUBMISSIONS
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shall be accepted beyond the Deadline.
 Plagiarism shall result into summary rejection.

SUBMISSION
LINK OF SUBMISSION FOR ROUND 1 :-
https://docs.google.com/forms/d/e/1FAIpQLScN1vao_xGB9D2h56vKMArJ
otPSfUoh0NUzRCVpNqC0UV2xAQ/viewform?usp=sf_link

TLL’s What if you were the

Supreme Court for a Day
2019
Prelims Round 1 thela
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Best wishes.

TLL’s What if you were the

Supreme Court for a Day
2019
Prelims Round 1 thela