MOOT PROBLEM Practical 1

1. Ms. Pooja Arora, who turned 17 on 15th August 2017, wanted to celebrate her birthday
by participating in the adventure sport of bungee jumping. Even though she was not
allowed to participate by herself, she requested and pestered her mother Mrs. Arora and
finally got permission to participate in a bungee jumping event. On 16th August 2017,
she contacted the organization Bungee Jumping Masters to book a time slot for
herself. The organizers of Bungee Jumping Masters asked her to bring essential
documents like age proof, and a medical certificate stating fitness and medical history,
if any. Ms.Pooja along with her mother got the medical fitness certificate from their
family doctor Dr. Tandon.
2. The Bungee Jumping Masters venue was located at Vijin Bari, Uttarakhand which
was 100 kilometres away from their home in New Delhi. In the morning of 17th August
2017 around 6:00 am, Pooja, her mother and her younger sister Riya of 5 years of age
started their journey to Vijin Bari. They reached there at 11:00 am and after taking
breakfast they proceeded to the location of Bungee Jumping Masters. After reaching
the venue, Pooja along with her mother and younger sister went to buy a ticket and
submit the photocopy of the essential documents to the organizers.
3. However, at the time when the organizers were verifying the documents, Mr. Mahesh,
who was in-charge of the registration process found out that Pooja is still a minor and
was therefore not allowed to participate. Consequently he informed her mother that they
cannot allow her child to participate. Mrs. Arora requested the Bungee Jumping
authorities to allow Pooja to participate as she was already 17 years of age and mature
enough. She further added that it was her birthday wish and as a mother, she wanted
her childs wish to be fulfilled and she promised to pay double the amount to the
organizers. Empathizing with the mother and her love for her daughter, the organizing
authorities allowed Pooja to participate in Bungee Jumping and asked Pooja and her
mother to sign the Release of Liability, Waiver of Claims, Assumption of Risk and
Indemnity Agreement [Hereinafter the Release Agreement] (Annexure I).
4. Hearing this Pooja was very excited and overjoyed and started hugging her mother and
younger sister with excitement. Before the start of bungee jumping, the head instructor
Mr. Padmanabhan called all the participants and gave clear and precise instructions on
bungee jumping and informed them on the safety procedures. The instructions were
given both in Hindi and English. The participants were asked to walk 0.5 km to reach

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 the exact point of bungee jumping and were asked to obey the operator's instructions
and all written postings and to report when experiencing any discomfort before they
start bungee jumping.
5. Since the event was organized on a hill with high altitude and high wind speeds, it was
best for the instructor and the participants to communicate in key words and signs for
better and fast understanding. The participants were explained the key words to be used
during the entire session like Now Jump, Stop, Dont Jump, Pull, Not Well
thumbs up and thumbs down. The participants, the instructor and the operator also
practised the same for half an hour and afterward the participants were sent to wear
safety gear and harness.
6. At the time when Pooja's turn came, she was a little scared but also excited to experience
the thrill of bungee jumping and to start her own book of adventures. At that time, her
mother and younger sister came to wish her all the best and to click photographs with
her. It was 3:00 pm when Pooja was called by the instructor to take her position and
prepare for the jump. As the instructor was fastening the harness and tightening the
rope, the operator Manoj shouted No Jump which was heard by Pooja as Now Jump
and she jumped.
7. Since the rope was not properly tightened and fastened, she fell straight into the deep
valley. Seeing this her mother shouted and ran to the edge of the hill to check her
daughter. Seeing her daughter lying on the ground and blood around her entire body,
the mother fainted and Riya who was standing at a distance could not move at all and
remained in a state of shock. Immediately the ambulance was called for and Pooja's
body, her mother and Riya were taken to the hospital. Pooja's father and other family
members were informed about the incident and were asked to reach the hospital.
8. At the hospital Pooja was declared as brought dead. Her mothers condition improved
but she went into depression while Riya could not recover from the shock and lost her
ability to speak and to understand anything
9. Pooja's father Mr. Ram filed a case against the organizers of Bungee Jumping Masters,
the instructors and operators in the District Court of Delhi, Saket claiming damages of
1.9 crores (1 crore for Poojas death and 45 lakhs each for his wife and younger
daughters condition). The District Court of Delhi, Saket decided the case against Mr.
Ram and dismissed the case. Mr. Ram has now approached the Delhi High Court in
Appeal.

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 Annexure - I

Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement

[Hereinafter the Release Agreement]

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL

RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
FOLLOWING AN ACCIDENT.

DEFINITION

In this Release Agreement, the term bungee jumping shall include travel to and from the
bungee jumping site, all training and instructional sessions, any use of the bungee jumping
bridge and related equipment, and any other activities, events or services provided, arranged,
organized, sponsored or authorized by the Releasees in any way associated or connected with
bungee jumping.

RELEASEES

Releasees is Bungee Jumping Masters and its employee including the Instructors, Operators
and other workers. Bungee Jumping Masters is a registered company with its registered office
in New Delhi at c/o Building Block E 289, South Extension II, New Delhi 110034

ASSUMPTION OF RISKS

I am aware that bungee jumping involves unusual risks, dangers and hazards including, but not
limited to: accidents which may occur during travel to and from the bungee jumping bridge;
slips and falls; falling from the bungee jumping bridge without being properly attached to a
bungee jumping cord; impact with the water or with an object or other person in the water;
hypothermia; equipment malfunction including breakage of the bungee cord or harness; shock,
stress or other injury to the body while bungee jumping; negligence on the part of other persons;
and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT
NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE
REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS,
DANGERS AND HAZARDS OF BUNGEE JUMPING. I acknowledge that bungee jumping

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may result in injury, worsening of an existing medical condition, or death. I freely accept and
fully assume all such risks, dangers and hazards and the possibility of injury, death, property
damage or loss resulting therefrom.

MEDICAL CONDITION

I understand that bungee jumping may place unusual stresses on the body. Bungee jumping is
not recommended for persons suffering from asthma, epilepsy, cardio/respiratory disorder,
hypertension, or skeletal, joint or ligament problems or conditions. Women who are pregnant
or suspect they are pregnant, and persons who have consumed alcohol, must not engage in
bungee jumping. Bungee jumping is also not recommended for children below the age of 18
years of age.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees agreeing to my participation in bungee jumping, and

permitting my use of the bungee jumping equipment, bridge, trails, parking and other facilities,
I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE THE RELEASEES from
any and all liability for any loss, damage, expense or injury including death that I may
suffer, or that my next of kin may suffer, as a result of my participation in bungee
jumping, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE,
BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER
DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT
NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO
TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE
RISKS, DANGERS AND HAZARDS OF BUNGEE JUMPING REFERRED TO
ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all
liability for any property damage or personal injury to any third party resulting from
my participation in bungee jumping;

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 3. This Release Agreement shall be effective and binding upon my heirs, next of kin,
executors, administrators, assigns and representatives, in the event of my death or
incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties
to this Release Agreement shall be governed by and interpreted solely in accordance
with the laws of India and no other jurisdiction.
5. Any litigation involving the parties to this Release Agreement shall be brought solely
within the State of Uttarakhand and shall be within the exclusive jurisdiction of the
Courts of the State of Uttarakhand.

PHOTO/VIDEO RELEASE - I consent to photographs being taken of me during my

participation in bungee jumping, and to publication of the photographs by the Releasees for
advertising, promotional and marketing purposes.

In entering into this Release Agreement I am not relying on any oral or written representations
or statements made by the Releasees with respect to the safety of bungee jumping, other than
what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT

PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE
AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS,
NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNEES AND
REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Signed:

Ms. Pooja Arora

Mrs. Babli Arora (Mother of Ms. Pooja Arora)