DLIMCCXXX

Before

THE HONOURABLE SENIOR CIVIL JUDGE OF CIVIL COURT OF

XXXXXXXX

Mr. XXXX……………………………………….………………Plaintiff
v.
XXXXXXXXXXXXXXXX.............……………...……………...Defendant

IN THE MATTER OF SUIT FILED UNDER SECTION 9 OF CIVIL

PROCEDURE CODE

THE DLI MOOT COURT COMPETITION FOR LAW ASPIRANTS, 2021

MEMORIAL ON BEHALF OF PLAINTIFF

 TABLE OF CONTENTS

TABLE OF
CONTENTS………………………………………………………………….
.…….....I
STATEMENT OF
FACTS………………………………………………………………………
…V
STATEMENT OF
ISSUES……………………………………………………………………

…..VI
ARGUMENTS
ADVANCED………………………………………………………………
………1
PRAYER………………………………………………………………….
…………………….7

I
 STATEMENT OF FACTS

 Ayushi was a student of class 9 studying in Ashutosh English

high school in the republic of MXXXXland.
 In the afternoon of 20 august, 2016, her english teacher Ms.
Michelle found Ayushi Gupta engaging in mischievous activities
there by disturbing the decorum of the class. On being confronted,
Ayushi denied all the accusations.
 Ms. Michelle, in a fit of rage, punished Ayushi to stand behind the
class room indefinitely, during this time Ms. Michelle received an
emergency call and had to leave the school before the class hours.
The class was concluded and the school was suspended for the
day. All the students left the class room, but Ayushi was standing
behind the class waiting for instruction.
 X
 X
 X
 X
 X
 X
 X
 X
 X
 X
 X

II
 X
 Ayushi’s parent, Mr. XXX, filed a suit against the school for
negligence.

III
 ISSUES RAISED

I. Whether the teacher is liable or the school is to be liable for

the injury caused?
II. X
III. X
 ARGUMENTS ADVANCED[FOR DEMO]

I. Whether the teacher is to to be held liable or the school is to be held liable for
the injury caused?

It is hereby humbly submitted that the school will be held liable for the injury caused to the
plaintiff and not the teacher.

Tortious liability arises when there is a wrongful act done by the defendant. The wrongful act
is an act which is done without any lawful justification. In the present case the teacher has not
done any wrongful act, as she got an emergency call and for that reason she had to leave the
class before the definite class hours. There is a justifiable reason as to her leaving and she had
the right regarding the same. Therefore, she cannot have a liability for the injury caused.

On the contrary wrongful act is said to be done by the school, which lead to the injury. When
the teacher had to leave in emergency, it is the duty of the school to take care of the student.
When a student is in the school premises it is the duty of the school to take care of the
students, as the responsibility of the school is same as that of a parent.1 The school will be
responsible for any injury that is caused to the students on the school premises, therefore the
duty of care lies on them.2

Therefore, the liability lies on the school to behave in a reasonable and prudent manner and to
take care of the students safety and security.

Assuming arguendo, that the teacher is not supposed to leave due to an emergency. If the
teacher during the school hours commits a negligent act, the school will be vicariously liable
as there is an employer and employee relationship and the negligence is caused during the
course of employment. Therefore, the school is to be held liable.

1
Richards v. State of Victoria (1969) VR 136 at 138
2
Geyer v. Downs and Another (1977) 17 ALR 408

1
 II. Whether there is negligence on the part of school?

It is hereby humbly submitted that there is negligence on the part of the school as the
reasonable duty of care has not been exercised by them.

2
 PRAYER

In the light of arguments advanced and authorities cited, it is humbly

prayed before Hon’ble Court to ,

Grant damages with respect to

1. The medical expenses and
2. Suffering caused to the plaintiff on account of the negligent
behavior of the defendant,

And any other relief that this Hon’ble Court may be pleased to grant

in the interest of Justice, Equity and Good Conscious which may deem

fit under circumstances of the case.

And for this Act of Kindness Your Honor, the Plaintiff shall duty
bound ever pray.

Sd/-

(Counsel for the Plaintiff)