FACULTY OF LAW

Neophyte Moot Court Competition 2024

A Foundational Moot Court Competition exclusively
designed for the First Year Students
In the burgeoning realm of e-commerce, the interplay between consumers, intermediaries, and
sellers has become increasingly intricate. In this scenario, this case centers around a dispute that
arose within the framework of digital commerce, involving a consumer, an e-commerce
intermediary, and a seller. The matter in contention calls upon the intricate principles of consumer
law, the law of contracts, and the law of torts.
Facts of the Case:

Jane Doe, a consumer residing in the state of Haryana, entered into an online transaction on the
platform "Digital Emporium," an e-commerce intermediary that facilitates transactions between
consumers and sellers. She purchased a high-end smartphone advertised as "brand new" from the
seller, MobileZone, for Rs. 15,800. However, upon receipt, Jane discovered that the smartphone
was defective, displaying a myriad of malfunctions, rendering it unfit for its intended purpose.
Despite Jane's attempts to seek recourse, MobileZone refused to provide a refund or exchange.
Jane contacted Digital Emporium's customer service department seeking assistance, but the
intermediary claimed no responsibility, asserting that it merely provided a platform for sellers and
consumers to interact and conduct transactions.
Jane Doe, aggrieved by the situation, brings forth a lawsuit against both MobileZone and Digital
Emporium, citing breach of contract, violation of consumer protection laws, and negligence.
Additional Facts:

 Product Description Discrepancy:

Jane Doe relied on the product description provided by MobileZone on Digital Emporium's
platform, which explicitly stated that the smartphone was "brand new" and in pristine condition.
Upon receiving the smartphone, Jane discovered scratches on the screen, malfunctioning buttons,
and irregularities in its performance, contradicting the promised condition.

 Attempts at Resolution:

Following the discovery of defects, Jane promptly contacted MobileZone to initiate a return and
refund process, as outlined in their terms and conditions.
Despite adhering to the prescribed procedures, MobileZone refused to acknowledge
Jane's complaints, citing a lack of evidence of defects at the time of shipment.

 Digital Emporium's Involvement:

Jane escalated the matter to Digital Emporium's customer service department, seeking intervention
and resolution.
Digital Emporium acknowledged Jane's complaint but directed her back to MobileZone, stating
that they do not interfere in individual transactions between buyers and sellers.

 Previous Complaints and Patterns:

Investigations reveal a pattern of complaints against MobileZone regarding the sale of substandard
products and poor customer service.
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Digital Emporium has been alerted to similar grievances from other consumers regarding
MobileZone's products, yet has not taken proactive measures to address the issue or reconsider
its partnership with the seller.

 Consumer Rights Violations:

Jane asserts that MobileZone's actions not only constitute a breach of contract but also violate
her rights as a consumer under New Columbia's Consumer Protection Act, which mandates
sellers to provide goods of merchantable quality.
Jane argues that Digital Emporium, as a facilitator of the transaction, has a duty to ensure that the
products listed on its platform meet basic quality standards and that consumers are protected from
fraudulent or misleading practices.
These additional facts underscore the severity of the dispute and highlight the systematic issues
surrounding the sale of defective products in the digital marketplace, warranting a thorough
examination of the responsibilities and liabilities of all parties involved.

Additional Facts - Defense Perspectives:

 MobileZone's Defense:

MobileZone contends that while the product may have exhibited defects upon receipt, such
issues could have arisen during shipping and handling, for which they cannot be held liable.
They argue that Jane Doe's failure to report the alleged defects immediately upon receipt
weakens her claim and undermines the veracity of her complaints.
MobileZone presents evidence of thorough quality control measures implemented before
shipping, including visual inspections and functionality tests, suggesting that the defects might
have occurred post-sale.

 Digital Emporium's Defense:

Digital Emporium asserts that it operates as a neutral platform, akin to an online marketplace,
facilitating transactions between independent buyers and sellers.
They emphasize that they do not exercise control over the quality or accuracy of product
listings and expressly disclaim liability for any disputes arising between parties.

Digital Emporium argues that imposing liability on intermediaries like themselves would stifle
innovation and burden e-commerce platforms with undue legal obligations, potentially hindering
the growth of digital commerce.

 Counterargument - MobileZone's Pattern of Complaints:

While acknowledging previous complaints against MobileZone, their defense highlights that many
complaints were resolved amicably, with replacements or refunds provided to dissatisfied
customers.
MobileZone argues that isolated incidents of product dissatisfaction do not establish a systemic
pattern of misconduct and that they have taken steps to address customer concerns promptly.
They posit that Jane Doe's case may be an outlier rather than indicative of widespread
malpractice, urging the court to consider the broader context and not penalize them
disproportionately.

 Digital Emporium's Limited Role:

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Digital Emporium underscores its role as a passive intermediary, highlighting that they neither take
ownership of the goods nor exercise control over the transaction process.

They emphasize that their terms of service clearly delineate their limited liability, placing the onus
on users to exercise due diligence before engaging in transactions.
Digital Emporium argues that holding them responsible for the actions of individual sellers would
set a dangerous precedent, subjecting all online platforms to unwarranted legal exposure and
impeding the efficient operation of e-commerce ecosystems.
Issues to be Addressed:
A. Breach of Contract:

1. Did MobileZone breach its contractual obligation to Jane Doe by providing a

defective product?
2. Is Digital Emporium liable for any breach of contract in facilitating the transaction
between Jane and MobileZone?
3. Are there any issues of breach of Guarantee and/or indemnity?

B. Consumer Protection Laws:

4. Did MobileZone violate consumer protection laws by selling a defective product?
5. Does Digital Emporium bear any responsibility under consumer protection laws for
the defective product sold by MobileZone on its platform?
C. Negligence:
6. Can Jane Doe establish that MobileZone acted negligently in selling a defective product?
7. Does Digital Emporium bear any liability for negligence in facilitating the transaction?

Any clarifications regarding the Moot Proposition to be addressed to Mr. Mohammad Saleem,
Faculty Convener, Moot Court Committee, Faculty of Law, SRMUH @
mohammad.saleem@srmuniversity.ac.in
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RULE BOOK

SRMUH NEOPHYTE MOOT COURT

COMPETITION2024
(Dates & Schedule – TBD (To be Decided))

Host and Organiser: Moot Court Committee, Faculty of Law,

SRM University, Delhi-NCR.
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RULES AND REGULATIONS

(THE PARTICIPATION IN NEOPHYTE MOOT COURT COMPETITION IS
COMPULSARY FOR ALL THE FIRST YEAR STUDENTS i.e., B.A.LL.B., B.B.A.LL.B. AND
LL.B.)

I. Aim and Purpose

The NEOPHYTE Moot Court Competition has been conceived to
a. Prepare students for participating in moot court competitions and to make them aware of
the know - how of the mooting. Along with, preparing them to become successful future
advocates while grooming the essential skills of research and advocacy.
b. Facilitate the evolution of a novice Law student through research, pragmatic and
practical learning while understanding the application of the laws.
II. Date and Venue
The NEOPHYTE Moot Court Competition shall be held from (Dates - TBD) at
SRM University Delhi NCR, Sonepat, Haryana Plot No. 39, Rajiv Gandhi
Education City, P.S. Rai (Post Office), Sonepat -131029 (Haryana).
III. Dress Code
Inside the courtroom, the participant shall follow the below-mentioned dress code:
Females: White Salwar Kurta & Dupatta or White Shirt and Black
Trousers alongwith Black Coat.

Males: White Shirt, Black Trousers, Black Tie along with Black Coat and
BlackShoes.
IV. Language
The competition shall be in English.
V. Eligibility:
The competition is open and compulsory solely for 1 st year law students of namely
B.A.LL.B., BBA LL.B. & LL.B. courses of Faculty of Law, SRM University Delhi
NCR, Sonepat. Participation in the event is mandatory as the competition is also part
and parcel of internal evaluation. (For B.A.LL.B./B.B.A.LL.B. – 20 Marks
earmarked in the subject Basics of Mooting and for LL.B. students – 20 Marks
earmarked in the subject Law of Torts).
VI. Team Composition
a. Each team shall consist of 4 members. This number may be modified by
theexpress permission of Faculty Convenor, Moot Court Committee.
b. There shall be 2 speakers and 2 researchers designated in each team. Teams
shallspecify such speakers and researcher during registration.
c. Each team will have a team code. The decision for the same shall be at
thediscretion of the Organising Committee.
d. Team changes are not permitted ones registered, unless specifically
permitted bythe Organising committee.

Registration:
Complete registration for the NEOPHYTE Moot Court Competition shall
take placeonline via filling out a Google Form. Only one member has to fill
out the Google Form on behalf of the team.
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(Link to be shared separately)

No offline registration shall take place. The online registration period is
from (DATES - TBD)
VII. Rounds
a. There will be TWO Preliminary Rounds.

b. Researcher test to be conducted on (Dates - TBD) on the basis of the moot

problem and laws based upon it.
Total Questions 25 - Total Marks 25 (MCQ), Time limit: 20 minutes, no negative
marking.
c. Top eight teams will qualify for Quarter finals that will be held on (Dates - TBD).

The qualification to the knockout stage (Quarterfinals) will be based upon

the highest aggregate of score of all teams in the preliminary rounds.
Aggregate Marks = (Oral Round Scores of Speaker 1 + Oral Round Scores
of Speaker 2 + Memorial Marks)

d. Top four teams will quality for the Semifinals scheduled to take place on (Dates
- TBD)

Quarterfinal, Semi Final and Final Rounds

The Quarterfinals, Semi Finals and Finals will be a knockout round evaluated
only on thebasis of oral arguments scores. Memorial Marks scores shall not be
evaluated in Knock out stages.

Lots picked by the teams will decide the side of the arguments in Quarterfinals,
Semi- finals & Finals.
The Finals will be held on (Dates - TBD).

VIII. Memorials
The following requirements for memorials must be strictly followed. Non-
conformities will be penalised:
a. Each team must prepare memorials for both sides to the dispute.

b. Once the memorials have been submitted, no revisions, supplements, or additions

willbe allowed, unless specifically permitted by the Organising committee.
c. Three (3) hard copies each of the memorials for Appellant & Respondent must
be submitted to the organizers latest by (Dates - TBD)
d. In addition, soft copies of both Appellant & Respondent memorials must be sent
by email to neophytemootsrm@gmail.com latest by (Dates - TBD) with
theSubject Line- “Team Code Neophyte Moot 2024”. Submission of memorials
made with the wrong subject line or missing team code may lead to
disqualification of the team from the Prize of Best Memorial along with penalty
of 5 marks. Memorials submitted by the mail should be in .docx (word) & pdf
format. Noncompliance shallattract penalty of 5 points or may lead to
disqualification of the team from the Prize of Best Memorial.
Late submissions beyond the stipulated date of both soft and hard copies shall
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attract 2points penalties for each day of delay for each memorial.
e. The memorials have to be submitted on typed A4 size paper printed on both sides
and must contain:
• Cover page
• The table of contents
• The index of authorities
• The statement of jurisdiction
• The statement of facts (not more than 2 pages and submissions of an
argumentativestatement of facts would attract penalties)
• The statement of issues
• The summary of arguments
• The arguments advanced (not exceeding 5000 words.)
• The prayer
g. Arguments must not exceed 5000 words. The font size is 12 and for footnotes it
is 10.Double spacing for body and single spacing for footnotes. Noncompliance
shall entailpenalties of 2 marks per 100 words increased.
h. The formatting and footnoting of the memorial shall conform to JILI rules.

i. Memorials must have a one-inch margin on all sides of each page.

j. Page numbering should be at the bottom middle of each page.
k. Paper Covers must be placed on briefs as follows:
Petitioner/Applicant: Light Blue Color; Defendant/Respondent: Light Red Color

Note: Fancy binding / use of cellophane / plastic sheets will attract 3 points
penalty eachmemorial.

l. The cover page of the memorial must state the following

1. Team code (on the top right corner)
2. The cause title.
3. Identify brief as Petitioner / Respondents.

Noncompliance shall entail penalties of 5 marks.

IX. Oral Rounds

In each oral round a team will be represented by two speakers who present
arguments. The researchers will not participate in the arguments but will be
seated along with the speakers. The researchers shall sit with the speakers at
the time of the orals and shall not attend the court sessions of any other team
participating in the competition.

Preliminary and quarterfinal Rounds

a. Each team will get a total of 30 minutes to present their case. The time includes
questioning by judges.
b. The division of time is at the discretion of the team members, subject to a
maximumof 18 minutes per speaker. Division of time should be informed to the
Court Assistants / Bailiffs before the beginning of the rounds.
c. The oral arguments shall be confined to the issues presented in the memorials.
Useof authorities outside the ones presented in the memorial shall be penalised.
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(1 pts for each such reference).

d. Passing of notes (quietly) to the speakers by the researcher during the rounds is
allowed.

Semi-final Rounds
a. Each team will get a total of 40 minutes to present their case.
b. The division of time is at the discretion of the team members, subject to a
maximumof 23 minutes per speaker. Division of time should be informed to the
Court Assistants / Bailiffs before the beginning of the rounds.
c. The oral arguments shall be confined to the issues presented in the memorials.
Useof authorities outside the ones presented in the memorial shall be penalised.
(1 pts for each such reference).

Final Round
a. Each team will get a total of 45 minutes to present their case.

b. The division of time is subject to a maximum of 25 minutes per speaker.

Division of time should be informed to the Court Assistants / Clerks before the
beginning ofthe round.
c. The oral arguments shall be confined to the issues presented in the memorials.
Useof authorities outside the ones presented in the memorial shall be penalised.
(1 pts for each such reference).
X. Scoring
A. Orals
In each of the rounds, each speaker who argues will be scored on a scale of
100 marks.The marks will be allocated based on the division of marks
mentioned below
Knowledge of Law 20 marks
Application of Law to Facts 20 marks
Ingenuity & Ability to 20 marks
Answer
Style, Poise, Courtesy, 20 marks
& Demeanor
Time Management 20 marks
&Organization

B. Written Submissions (Memorials)

a. Any revisions, supplements or additions to the memorials after submission
shallattract severe penalties subject to the discretion of the Administrator.
b. The maximum score for each memorial shall be 100 marks. The memorials
shallbe evaluated on the following criteria:
Knowledge of Law & Facts 20 marks
Proper & Articulate Analysis 20 marks
Extent & Use of Research 20 marks
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Clarity & Organization 20 marks

Grammar & Style 10 marks
Proper use of Citation and 10 marks
citation form
XI. Awards
a. Winner Team Award

b. Runner-up Team Award

c. Best Speaker Award

d. Best Researcher Award (Solely based upon the researcher test)

e. Best Memorial

f. Certificates of participation to all the participants.

XII. Announcements of results
a. The results of the Preliminary rounds / Quarter Final shall be announced
shortly after the rounds on 20 March 2024.
b. The results of the Semi Finals Rounds will be announced shortly after the
rounds on 21 March 2024.
c. The winners of the competition will be announced during the Awards
Ceremony on 21 March 2024.
XIII. Anonymity
a. Student counsel may introduce him/herself to the court as counsels or co-
counsels and shall not use their names.
XIV. Copyright
a. The copyright over the memorials submitted for participation in the
competition is assigned by participants and shall also vest completely and
fullyin Moot court committee, faculty of Law, SRM University Delhi
NCR,Sonepat, Haryana.
XV. Interpretation of Rules

 The Moot Court Committee Faculty Convenor shall serve as the final arbiter
of theimplementation and interpretation of these rules.
XVI. Any clarifications for the competition can be sought from:

 Mr. Mohammad Saleem, Faculty Convenor, Moot Court Committee.

 Ms. Rufi, Faculty Co-Convenor, Moot Court Committee.

 Aastha, Student Convenor, Moot Court Committee.
 Raj, Student Co-Convenor, Moot Court Committee.
 Sarthak, Student Secretary, Moot Court Committee.
All clarification related to moot proposition or moot rules needs to be officially addressed
viamail to neophytemootsrm@gmail.com by 17 February, 2024.
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IMPORTANT DATES

EVENTS DATES

Release of the Moot Proposition and 13 February, 2024

Rulebook

Commencement of Online Registration 15 February, 2024

Last date for seeking clarification 22 February, 2024

Release of clarifications, if any 24 February, 2024

Last date for Online Registration 26 February, 2024

Last date for memorial submission TBD

(Hard copy + Soft copy) (TO BE DECIDED)

Preliminary, Quarter final Rounds & TBD

Researcher Test

Semi-final & Final Rounds TBD