Symbiosis Law School Moot Proposition 2024-25
32 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What year did Kailasa adopt its written constitution?

  • 1945
  • 1965
  • 1950 (correct)
  • 1975

    • What was a critical provision of the universal healthcare scheme launched by Kailasa in 2018?

  • Compensation paid for no-fault accidents under the accident insurance scheme (correct)
  • Healthcare access primarily for government employees
  • Public funding for all educational institutions
  • Mandatory health screenings every year

    • What types of injuries are covered by the accident insurance scheme in Kailasa?

  • Only injuries resulting in permanent disability
  • Only injuries caused by government officials
  • Only serious injuries requiring hospitalization
  • Physical damages such as sprains, wounds, burns, fractures, dislocations, and concussions (correct)

    • What significant right is restricted by the scheme under Section 17?

    <p>The right to sue for personal injury covered by the Act</p> Signup and view all the answers

    Which of the following is NOT allowed under Section 17 of the scheme?

    <p>Bringing proceedings for personal injury covered by the Act</p> Signup and view all the answers

    Which of the following types of grievances can still lead to court proceedings despite the scheme's regulations?

    <p>Unjustifiable dismissal from employment</p> Signup and view all the answers

    What overall purpose does the universal healthcare scheme serve in Kailasa?

    <p>To enhance accessibility and quality of healthcare</p> Signup and view all the answers

    Which of the following statements about Kailasa’s government is accurate?

    <p>Kailasa is a democratic welfare state.</p> Signup and view all the answers

    What was the basis for the Punero Municipal Corporation's civil suit against M/s P.Jain Contractors?

    <p>Failure to complete the maintenance works in Lane 7.</p> Signup and view all the answers

    Which court ruled in favor of M/s P.Jain Contractors in the breach of contract case?

    <p>Punero District Court</p> Signup and view all the answers

    What was the outcome of the specific performance case initially decided by the District Court?

    <p>Ruling against M/s P.Jain Contractors</p> Signup and view all the answers

    What action did Aman Agarwal take after his suit for damages was dismissed?

    <p>He appealed to the High Court.</p> Signup and view all the answers

    What significant action did the Supreme Court of Kailasa take regarding the three Special Leave Petitions?

    <p>Combined the three petitions for hearing.</p> Signup and view all the answers

    Which issue is NOT listed among those before the Supreme Court in relation to M/s P.Jain Contractors?

    <p>Intellectual property infringement</p> Signup and view all the answers

    How did the High Court respond to the initial ruling of the Punero District Court regarding the specific performance case?

    <p>Overturned the District Court's ruling.</p> Signup and view all the answers

    What did M/s P.Jain Contractors do after the High Court ruled in favor of the Punero Municipal Corporation in the breach of contract case?

    <p>Filed a Special Leave Petition before the Supreme Court.</p> Signup and view all the answers

    What type of damages can a person bring proceedings for, according to the provisions outlined?

    <p>Exemplary damages for personal injury</p> Signup and view all the answers

    What was the immediate cause of Aman's inability to walk after his incident?

    <p>A spinal cord injury from his fall</p> Signup and view all the answers

    Which entity was blamed in the media for Aman's incident?

    <p>Punero Municipal Corporation</p> Signup and view all the answers

    What type of insurance scheme alleviated Aman's financial burden due to his injury?

    <p>No-fault insurance scheme</p> Signup and view all the answers

    What professional role did Aman lose due to his accident?

    <p>Software developer</p> Signup and view all the answers

    Who admitted responsibility for maintenance issues after the incident?

    <p>Punero Municipal Corporation</p> Signup and view all the answers

    What is the connection between M/s P.Jain Contractors and the incident?

    <p>They were contracted for the upkeep of the area.</p> Signup and view all the answers

    What was the duration of Aman's physiotherapy after the incident?

    <p>Six months</p> Signup and view all the answers

    What was the completion date for the road construction in Lane 7 of Koregaon Park?

    <p>20th February 2019</p> Signup and view all the answers

    According to the press release by M/s P.Jain Contractors, when did their contract end?

    <p>31st December 2023</p> Signup and view all the answers

    What did Broll Inc. report about the construction quality of the roads?

    <p>The roads will last for 5 years from construction.</p> Signup and view all the answers

    What clause did the Punero Municipal Corporation reference regarding M/s P.Jain Contractors' obligations after contract expiry?

    <p>Contractor shall maintain until a new contractor is appointed.</p> Signup and view all the answers

    When did the Punero Municipal Corporation appoint a new contractor?

    <p>1st February 2024</p> Signup and view all the answers

    What action did the Punero Municipal Corporation take on 1st August 2024?

    <p>Sent a legal notice to M/s P.Jain Contractors.</p> Signup and view all the answers

    What was M/s P.Jain Contractors’ reason for refusing to perform maintenance on the ditch?

    <p>Their contract had ended on 31st December 2023.</p> Signup and view all the answers

    What did the clause in the contract specify regarding written notice for maintenance work?

    <p>The corporation must provide written notice for all maintenance work.</p> Signup and view all the answers

    Study Notes

    Background of Kailasa

    • Kailasa is a southern country on the continent Fascia, recognized as a democratic welfare state.
    • It values human rights and has ratified numerous international treaties.
    • Adopted a written constitution in 1950.

    Healthcare Scheme Introduction

    • In 2018, Kailasa launched a universal healthcare scheme aimed at addressing healthcare access disparities.
    • Includes a no-fault accident insurance scheme covering various injuries such as sprains, burns, and fractures.
    • The scheme has effectively aided citizens in recovery from injuries.
    • Individuals cannot sue for injuries covered under the scheme; compensation claims must be directed through the scheme.
    • Provisions allow for claims related to property damage and unjust dismissal, but not for personal injury damages.
    • Exemplary damages are permissible for conduct leading to personal injury.

    Incident Involving Aman Agarwal

    • On January 5, 2024, Aman fell into an open ditch while walking in Koregaon Park, Punero, resulting in spinal cord injuries.
    • Despite no external injuries, he required hospitalization and rehabilitation, during which he lost his software development job.

    Investigation and Public Response

    • Media coverage highlighted neglect by Punero Municipal Corporation, who blamed M/s P.Jain Contractors for not maintaining the ditch.
    • M/s P.Jain Contractors claimed they had fulfilled their maintenance obligations but had not maintained the ditch since their contract expired.

    Contractual Obligations

    • M/s P.Jain Contractors’ contract ended on December 31, 2023; they claimed no obligation for maintenance post-contract.
    • Punero Municipal Corporation's contract stated maintenance duties continue until a new contractor is appointed.
    • Punero Municipal Corporation issued a legal notice to M/s P.Jain Contractors, which was refused—leading to civil suits for breach of contract and specific performance.
    • The District Court initially ruled in favor of M/s P.Jain Contractors in the breach case, but the High Court reversed this.
    • The specific performance case saw a victory for Punero Municipal Corporation at the District Court level but was overturned by the High Court.
    • Aman filed for damages against Punero Municipal Corporation and M/s P.Jain Contractors; both claims were dismissed by the District Court and High Court.
    • Subsequently, a Special Leave Petition was filed before the Supreme Court of Kailasa.

    Supreme Court Proceedings

    • The Supreme Court has consolidated the three Special Leave Petitions for a combined hearing.
    • Key issues for consideration:
      • Liability of M/s P.Jain Contractors to Aman Agarwal.
      • Liability of Punero Municipal Corporation to Aman Agarwal.
      • Breach of contract by M/s P.Jain Contractors.
      • The requirement for specific performance from M/s P.Jain Contractors.

    Notes for Participants

    • All references within the context are fictional.
    • Arguments should focus solely on the identified issues under Tort and Contract Law.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Symbiosis Law School, Pune Novice Moot Selection PDF 2024-25

    Description

    Explore the detailed moot proposition for the novice moot selection at Symbiosis Law School, Pune for the academic year 2024-25. This quiz covers key aspects of the fictional country Kailasa, its constitution, and human rights values. Assess your understanding of moot court principles and legal arguments.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser