Civil case moot court memorial, Papers of Mock Trial and Moot Court

Download Civil case moot court memorial and more Papers Mock Trial and Moot Court in PDF only on Docsity! BBA LLB 5 YEARS PROGRAMME ______________________________________________________________________ ON SUBMISSION TO THE HON’BLE HIGH COURT OF DELHI U/S 9 OF CIVIL PROCEDURE CODE, 1908 IN IN THE CIVIL SUIT NO. ______________________ MR. KARAN__________________________________________________Plaintiff Versus MR. ARJUN___________________________________________________Defendant ________________________________________________________ TABLE OF CONTENTS INDEX ___________________________________________________________________________ INDEX OF AUTHORITIES LIST OFABBREVIATION STATEMENT OF JURISDICTION STATEMENT OF FACTS STATEMENT OF ISSUES SUMMARY OF ARGUMENTS ARGUMENTS ADVANCED PRAYER ON BEHALF OF RESPONDENT STATEMENT OF FACTS Arjun, a resident of India, went to Switzerland on holidays and from there bought few boxes of Lindt chocolates. After coming back to India, he decided to put the chocolates for sale at Rs. 1000/- instead of Rs. 2000/-, by issuing an advertisement in the local newspaper of Delhi. In the advertisement, it is further stated that there are only 100 boxes available and it will be sold on first come first basis. It further states that anyone who is interested in buying the chocolates may email him on his email id, cooldude@farzi.com or visit his shop located at Chor Bazar. The advertisement appears in the local newspaper on Sunday and one Karan saw the advertisement at 06:00 PM on Sunday dated 07.05.2023 and immediately sends email to Arjun and places an order for 10 boxes of Lindt Chocolates. The email is received by Arjun at around 06:05 PM on Sunday. After receiving the email, Arjun realises that the discount being offered by him was on a higher side and he is making no profit out of it, rather has to suffer loss. As such, on the next morning, i.e Monday, Arjun called the Newspaper company and asked them to issue another advertisement, informing people that the discount price is no longer available. The Newspaper was published at 10:00AM on Monday morning and is delivered to Karan at 10:30 AM. Arjun reads the email at 10:45 AM but refuses to sell him the chocolates. He replies stating that the discount is no longer available. On refusal, Karan filed a case in Civil Court for Breach of Contract and further in the suit, sought damages to the tune of double the actual prices of chocolates ordered. ON BEHALF OF RESPONDENT STATEMENT OF ISSUES ➢ Whether there was a contract between Karan and Arjun, as per Indian Contract Act, 1872? ➢ Whether there was breach of Contract by Arjun? ➢ Whether Karan is entitled for the relief of damages, as prayed for, to the tune of double the actual prices of chocolates ordered? ON BEHALF OF RESPONDENT SUMMARY OF ARGUMENTS ➢ Whether there was a contract between Karan and Arjun, as per Indian Contract Act, 1872? No, there was no contract between plaintiff Mr. Karan and Defendant Mr. Arjun because there was an invitation to offer by Arjun for the sale of Lindt. Chocolates and here Karan made an offer and it is upon Arjun either accept it or reject it. Furthermore, the communication of proposal should come in knowledge of the person to whom it is made but Arjun altered the offer before he saw Karan’s mail. ➢ Whether there was breach of Contract by Arjun? No, there was no breach of contract by Mr. Arjun, as there was no contract formed between Plaintiff Mr. Karan and Defendant Mr. Arjun. The communication of proposal should come in knowledge of the person to whom it is made. Thus, the communication of proposal itself is incomplete. Moreover, there was an invitation to offer by Arjun for the sale of Lindt. chocolate and here Karan made an offer and its upon Arjun either accept or to reject it. ➢ Whether Karan is entitled for the relief of damages, as prayed for, to the tune of double the actual prices of chocolates ordered? ON BEHALF OF RESPONDENT