Moot Problem

1. The Federation of Konoha (Konoha) is a quasi-federal country, is known for its rich
cultural heritage, its agricultural produce, and incredible architecture, making it a centre for
world tourism. It is also known for its medical industry.
2. The Democratic People’s Republic of Amagakure (DPRA) is a neighbouring country to
Konoha. The Democratic People’s Republic of Amagakure and the Federation of Konoha
have had a hostile relationship in the past, due to a colonial split on the basis of religion.
Recently, the leaders of the two countries - Dazai (Konoha) and Levi Ackerman (DPRA)
have sat down for diplomatic talks and agreed on a few mutual agreements. Konoha, in
pursuant to these talks, had agreed to set up a corridor and special visas for medical
purposes that citizens of DPRA could avail.
3. Mr Erwin Smith, a citizen of DPRA, visited Konoha to avail himself of a knee transplant
at the State-owned Mikasa Memorial Hospital. Mr Smith was pleasantly surprised at the
hospitality afforded to him, given the past relationship of the two countries. Smith’s knee
replacement surgery was successful, but it was recommended to him by the doctors to stay
back for immediate rehabilitation.
4. Mikasa Memorial Hospital employs a private agency, Cobblepott Cleaning and Sanitisation
Pvt Ltd (Cobblepott Agency), for the cleaning of its premises, and for the disposal of its
medical waste. Cobblepott Agency was responsible for the cleaning of the entire hospital
premises, including any ancillary property attached to the hospital. Cobblepott Agency has
been the hospital’s first choice cleaning agency for several years and their work has faced
no complaints. However, in the past year, due to a lack of funds, the agency was bought
out by Akatsuki Group, which made significant changes to the upper management.
5. Mr Erwin Smith, relying on the advice tendered to him by the doctors, decided to remain
in Konoha for a rehabilitation period of two months. During this tenure, Mr Smith worked
with several doctors and physiotherapists in order to recover and return to his country.
After the elapse of a month, due to ideological differences, the diplomatic talks between
Konoha and DPRA failed. Levi Ackerman, in an interview with a local news channel in
DPRA, made several comments about the incompetence of Dazai, leading to an escalation
of tensions between the two nations.

Moot Problem 1
 6. Mr Erwin Smith, distressed by the possible repercussion of the comments made by Levi
Ackerman, decided it was in his best interest to leave the country as soon as possible. Mr
Smith booked a flight ticket on the same day, and asked for an expedited release from the
hospital, against the advice of the lead physiotherapist who claimed that the functioning
of his knee would not be at 100 per cent.
7. The hospital provided Mr Smith with an early release, against their advice. Upon
completion of the release formalities, Mr Smith left in a hurry without changing out of the
hospital-issued orthopaedic shoes. The hospital had arranged a cab for Mr Smith, which
was waiting outside the main gate.

PART II

8. The Akatsuki Group had made several changes to the working policies of the Cobblepott
Agency. These included revised break timings, change in the solution formula etc. These
changes were notified to both, the hospital and the workers of Cobblepott Agency.
9. The break timings were increased in order to lower the burden on the employees of the
agency. The workers on duty on the day of Mr Smith’s release had finished the routine
sanitation of the entire hospital and were left with only the main lobby. Just as they began,
they realised that their break had already started five minutes ago, and decided to break for
lunch, leaving their equipment including a bucket filled with cleaning solution and mops
in a corner near the reception.
10. Ms Rachel Dawes, the receptionist working the counter, was a new hire. Needing to use
the washroom, Ms Dawes walked out of the reception. Unaware about the cleaning
equipment stowed away in the corner, she knocked over the bucket containing the cleaning
solution, spilling it across the lobby.
11. Ms Dawes needed to use the washroom urgently, subsequent to which she rushed to the
break room in order to inform the workers of the agency about the spillage; however, she
was unable to find the workers in the breakroom as they had stepped out for a smoke
break.
12. Mr Smith, speaking to the cab driver, and hurrying downstairs to ensure that he is on time
for his flight, was unaware of the slippery floor. He hastily turned towards the main

Moot Problem 2
 entrance and lost his balance; was unable to stabilise himself and fell to the floor,
subsequently injuring his other knee.
13. Screaming in agony, he was rushed to the Emergency Room and had to undergo
emergency surgery. This led to Mr Smith missing his flight and having to stay at the hospital
for another week.
14. The Mikasa Memorial Hospital, understanding the situation of Mr Smith, decided to not
charge Mr Smith for the emergency surgery. However, this decision of the hospital only
further antagonized Mr Smith, who saw it as an insult to his financial capability, and a mere
way to escape liability.
15. Mr Smith has filed a case before the High Court of Mikasa, where the Mikasa Memorial
Hospital was located. He arrayed both, - the Mikasa Memorial Hospital, as well as
Cobblepott Agency contending that their collective behaviour was negligent.
16. In their written statements, the Mikasa Memorial Hospital contended that the current suit
is not maintainable as they were established by the State; they further contended that if any
damages are to be claimed by Mr Smith, the same should be claimed from the Cobblepott
agency, as they were in charge of sanitisation.
17. Cobblepott Agency, on the other hand, contended that there were no instances of
negligence in this instant case; rather it was Mr Smith’s action that led to his unfortunate
injury.
18. The case is pending for final hearing before the High Court of Mikasa, and the following
issues are under consideration –

• Whether the instance petition is maintainable before this Honourable Court;

• Whether Mikasa Memorial Hospital can be held vicariously liable for the act of the
Sanitisation Agency?
• Whether the actions of the hospital and the sanitisation agency amounts to negligence?
Note –

● The laws of the Federal Republic of Konoha are pari-materia to the Republic of India;
● The laws of the Democratic People’s Republic of Amagakure are pari-materia to the
Islamic Republic of Pakistan;
● The laws of the State of Mikasa are para-materia to the State of Karnataka.
● The Teams are free to implead any other additional issues they feel fit.

Moot Problem 3
 Service Agreement.

This Service Agreement (hereinafter referred to as “Agreement”) is made at Bengaluru, on this 7th
day of April 2008, (The Effective Date) by and between –

1. Mikasa Memorial Hospital (hereinafter referred to as “First Party” or “Owner”), a State-

owned hospital having its registered office in the state of Mikasa, Federation of Konoha
AND

2. Cobblepott Cleaning and Sanitisation Pvt Ltd (hereinafter referred to as “Second Party”
or “Contractor”), a Company incorporated under the Companies Act of Konoha, 1956,
having Corporate Identity Number U43234PCT234, having its registered office at Armin,
Federation of Konoha.

WHEREAS:

3. The First Party is a State-Owned Hospital, looking for a suitable sanitisation agency to
ensure the cleanliness of the premises and efficient disposal of any medical waste.
4. The Second Party is a Sanitisation and Cleanliness agency, having been in the industry for
over 17 years, and are experts in the field, and has represented and warranted to the First
Party that it has the expertise, capability, and technical know-how for managing the
sanitisation needs of the First Party.
5. Based on the above representations and warranties, the First Party has selected the Second
Party for the purpose of managing the Sanitisation needs of the Hospital Premises.
6. In the view of the aforesaid, the Parties are entering into this Contract and the obligations
of a Party is dependent on the related obligations of the other party as per the terms and
conditions of the Agreement.

Terms and Conditions of the Service Agreement, -

I. Tenure and Renewal

a. The Tenure of this Service Agreement shall be for a period of 10 years from the
effective date;

Moot Problem 4
 b. At the end of the agreement, the agreement shall be renewable at the option of both
parties for a period of 10 years, at a consideration mutually agreed upon by both parties.

II. Consideration

a. The First Party shall pay to the Second Party the following consideration -

Consideration Year

45,00,000 INR 1-3

50,00,000 INR 4-6

55,00,000 INR 7-10

III. Duties of the Second Party

a. The Second Party is bound to clean the entire premises of the hospital, according to the
standards laid down by the Medical Council of the Federation of Konoha; including using
the materials and cleaning agents prescribed by the Medical Council of the Federation of
Konoha.
b. The Second Party shall undertake their duty of sanitisation and medical-waste disposal as
per the policies laid down by the First Party; the policies shall be determined on a case-to-
case basis and shall cover aspects such as - Timings, Areas to be covered, and any special
requirements.
c. Notwithstanding the above-mentioned clause, the Second Party may undertake sanitisation
projects in any area of the premises they deem fit.
d. In case of any spillage of medical waste, the Second Party is bound to follow the Medical
Council of the Federation of Konoha mandated sanitisation and quarantine rules.

Moot Problem 5
 IV. Obligations of the First Party

a. Subject to the due performance of the Second Party, the First Party shall pay to the Second
Party the consideration in accordance with the terms of payment in Clause II of this
agreement.
b. The First Party shall be responsible for obtaining any applicable permits as required in
relation to the performance of the Second Party’s obligation. Furthermore, if the Second
Party needs to apply for any additional permissions, the First Party shall extend all
reasonable assistance as may be required by the First Party.

V. Termination.

a. Termination by the First Party - If the Second Party fails to carry out any of its
obligations, or if the Contractor does not perform the Scope of Services in accordance
with this Contract, the First Party may issue notice to the Contractor requiring to remedy
such failure. The Contractor shall remedy the same or take reasonable action to remedy
the same within 30 (thirty) days from the date of such notice, failing which the owner shall
have the right to terminate this contract.

b. Termination by the Second Party - If the First Party fails to carry out any of its
obligations, the Second Party may issue a notice to the Owner requiring it to remedy such
failure. The Owners shall remedy the same within 30 (thirty) days from the date of such
notice. The Contractors shall not be entitled to terminate the Contract unless such default
has not been cured within the above-mentioned 30 (thirty) days period.

VI. Arbitration.

a. If any disputes or differences between the Parties arise, and they cannot be settled
internally, the same shall be referred for arbitration under the Arbitration and Conciliation
Act of 1956.
b. The arbitral tribunal shall consist of a sole arbitrator appointed mutually by both parties,
and the seat of the Arbitration shall be the State of Marley.

Moot Problem 6
IN WITNESS WHEREOF, the Parties have duly executed this Contract signed by their respective
authorized representatives as herein below:

Signed and Delivered for an behalf of -

Mikasa Memorial Hospital

Signed and Delivered for an behalf of -

Cobblepott Cleaning and Sanitisation Pvt Ltd (Cobblepott Agency)

Moot Problem 7