The MCA presents the Intro Moot for the Three Year Course, to be held on 3rd –

4th September, 2010. Students intending to participate may register themselves in

the Committee Room (between 10 a.m. & 1 p.m.by 1st September)

Find herein below the Case Study for the Intro Moot.

Ruby Rebello and Ronny Sah Vs. Ms. Billo

Ms. Billo was an upcoming actress in Rivo-Sthaan (Capital of Sudhrashtra). She

belonged to a very rich family and it was her dream to become an actress since
her childhood. She had even taken a professional dancing course at the famous
dance institution “Pappu Can Dance- Walla”. Her parents lived in Delhi and she
lived with her friend Ms. Dancy Bhojani in her house in Filmi-Sthaan (an area
where all the Rivowood Stars were residing). Ms. Billo recently had an
astounding success in a song which featured her, titled “Billo Rani”. By virtue of
that song, new movie offers had started pouring in and she became a super star
overnight.

Ms. Billo had a very hectic schedule and was required to reach in time from one
venue to another for her performances/appearances. She hated long car rides and
was always in a hurry to reach her destination. Ms. Billo had several cars and
MOOT COURT ASSOCIATION INTRO MOOT FOR THE THREE YEAR COURSE

needed a number of drivers to drive her cars. She had even entered into an
agreement with “ I’ll take U 4 a ride Pvt. Ltd.” (ITFR), wherein ITFR provided
drivers to Ms. Billo. Under the Service Contract, there were no fixed timings for
the drivers and they were called on a need to basis every day. Ms. Billo was a good
tipper and drivers were always happy to drive for her any time.

Mr. Ruby Rebello was a fan of Ms. Billo and had never missed any performance
of Ms. Billo till date. Mrs. Sonali Rebello did not appreciate this and hated Ms.
Billo and the entire Rivowood industry. Being a very unsuccessful journalist she
never missed a chance to defame the industry, especially Ms. Billo and her close
allies, even if it was at the cost of publishing false stories or sending frivolous
mass emails which directly affected the reputation of Rivowood before Hollywood
and other similar industries.

On 17th June 2010, Ms. Billo was returning in her new car Porsche Carrera GT,
from the premier of her movie “PANCOCK” wherein she had acted as an
immortal superwoman.

As usual the driver of Ms. Billo, Mr. Cho-Ba was speeding in order to get away
from the crowd. Very close to the venue, Cho-Ba had to take a very narrow lane
before hitting the City high-way. Just when Cho-Ba was taking the final left to hit
the highway, he spotted his friend Pranelle and applied the brakes very hard, as a
result of which the car skidded and went out of control. At that instance, Ms.
Billo was attending to a very important call on her mobile.

In the mean while, Mr. Ruby Rebello told his cousin Mr. Ronny Sah to take him
to the “PANCOCK” premier venue on his scooter. Mr. Ronny Sah was also an
upcoming singer. Though, wearing a helmet was not mandatory by the State of
Sudhrashtra, it was recommended by the State for the pillion riders to wear a
helmet on scooters. Not wearing a helmet, Mr. Ruby was the sitting behind Mr.
Ronny Sah, as they were rushing to Xtro Adlabs, in south Rivo-Sthaan. It was
around 7 p.m. when they were nearing Xtro Adlabs.
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Just when they were taking the final turn in the narrow lane towards Xtro Adlabs,
Mr. Ronny Sah scooter collided with Ms. Billo’s car. As a result of collision Mr.
Ruby Rebello suffered a head injury and inter alia received permanent injuries in
his inner ear and his nasal septum. Due to this injury the tone and quality of Mr.
Ronny Sah’s voice changed.

Mr. Ruby Rebello & Mr. Ronny Sah sued Ms. Billo for allowing Cho-Ba to drive
rash and being negligent. In compensation Mr. Ruby Rebello asked for a sum of
Rs. 5, 00, 000/- whereas Mr. Ronny Sah asked for exemplary damages worth Rs.
15,00,000/- . It was Ronny Sah’s contention that he ought to receive damages
from the Defendant’s since he has lost on a bright and a promising singing career.
It was Ms. Billo’s contention that she did not give the permission to stop the car
which makes Cho-Ba liable, and as such she had a contract with ITFR and Cho-
Ba was an employee of their company.

She also said that the Plaintiff’s ought to have worn the helmet and have been
negligent. Furthermore, they should have been more cautious while riding the
scooter. The suit has been filed in the City Civil Court of Rivo-Sthaan*.

Issues raised before the Hon’ble Court:

1.) Who is liable for the accident Cho-Ba, Ms. Billo or ITFR?

2.) Are Mr. Ruby Rebello and Mr. Ronny Sah liable for their conduct?

3.) What method of computing damages should be adopted acknowledging

the conduct of the parties in the instant case?

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(All laws are pari material to laws of Republic of India)

(* City Civil Court of Rivo-Sthaan has a pecuniary jurisdiction of Rs. 20, 00,000/-)

Recommended Readings
RatanLal & Dhirajlal on Torts
Salmond on Torts
The Indian Contract Act, 1872
Mulla on Contract

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