Skip to main content

Memorial of moot court on Respondent side

 (1) Indo is one of booming generations having youths on social media age 15 – 25.

Face gram has changed business industry. Oxygen company one of skin brand

emerging has direct users with website Oxygena.com. Ms. Maidson pursing

marketing student antaila got selected as brand ambassador on Oxygen. As

per the contract she failed to perform the duty because she was expected to post

minimum two pictures in a month.

(2) On 10 march she posted first picture. She got 120 likes. National lockdown im

plemented for 21 days on 24 march 2020. Ms. Maidson conveying her difficulty

was not able to fulfill the contract. Company extended the time understanding the

reasonability of Ms. Maidson. Coronaviruses pandemic worsening to bring situations

government implemented strict rules and regulations in which dividing zone into

three.

(3) In the area were declared as red zone were strict zone where there was no movement

of goods and services. Months passed she did not able to perform as per the contract.

All zones were made free a business got settled. All zones were made free.

Company got the huge loss.

(4) Oxygen failed law court before the civil court of antaila. Oxygen claimed 3,00,000

from Ms. Ray. The civil court has noticed brand ambassador agreement took view

to Ms. Maidson for compensation for 3,00,000.

Statements of issues

ISSUE 1:

Whether the present appeal is maintainable under the high court?

ISSUE 2:

Whether the civil court was correct in passing decree Favour of the ‘OXYGENA’?

ISSUE 3:

Whether civil court of Antaila was correct in passing degree in Favour of ‘Oxygen a’ of breach of contract?

ISSUE 4:

Whether the compensation which was claimed by Oxygen a is justifiable or not?

ISSUE 1: WHETHER THE PRESENT APPEAL IS MAINTAINABLE UNDER THE HIGH

COURT?

The appellant has approached civil court of antaila , under the territorial

jurisdiction. The case later reached High court of Maharashtra as Ms. Madison

ray who used the RIGHT TO APPEAL under civil procedure code

RIGHT TO APPEAL: Under section 963 which is appeal from original decrees

and section 1004 gives the right to appeal from decrees in the high court under

civil procedure code 1908.

ISSUE 2: WHETHER THE CIVIL COURT WAS CORRECT IN PASSING DECREE

FAVOUR OF ‘Oxygen a’ company?

The civil court was right in passing the decree in Favour of Oxygen a regarding the breach of contract.

As per the contract the period of I year, the contract or agreement it clearly mentioned that

In case there is any breach of contract before One year the compensation amount would be

Rs 3.00.000.

ISSUE 3: WHETHER MS RAY HAS FAILED TO PEFORM THE DUTY AS

CONTRACT AND HAS OBLIGATION TOWARDS OXYGENA COMPANY?

Ms. .Ray has failed to perform her duty. As per the Agreement done on 5th March 2020, she

has to post 2 pictures in a month and the contact period was for 1 year with 24 pictures to be

posted in a year.

On 10 march 2020 she posted her first picture. Later due to pandemic situation the

6 lockdown was declared from 24 march 2020. Here she had gap for 14 days, Where she

could have posted one more picture in 14 days, where she failed here.

Even after relaxation given by the government MS Ray did not post her pictures there by

leading to breach of contract and has failed to perform the duty as per the contract.
Labels:

Comments

Post a Comment

Popular posts from this blog

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre
Post a Comment
Read more

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected
Post a Comment
Read more

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct
Post a Comment
Read more