Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Moot court question - what to argue?

  • 11-04-2011 2:50pm
    #1
    mystiq
    Closed Accounts Posts: 34 ✭


    Howdy

    Tomorrow I have moot court and I wonder if there's any argument I could have missed...

    The question is pretty simple:
    A books a internal flight online, as well as book a luggage. He arrives to airport, checks-in his bag and received ticket containing exemption clause at the bag, excluding liability for " the loss or damage to any luggage with the exception of hand luggage". Plaintiff fails in high court and appeals to supreme court. Everything is happening in fictional country and Irish and British courts are persuasive.

    I'm representing appellant.
    I want to argue primarily fundamental breach, secondly incorporation.
    As to fundamental beach, I'd argue that it is still a valid point in Ireland [no overruling from supreme court from steampacket] and UK still allowing fundamental breach [afaik they moved away from rule of law to strict rule of construction and they will check what were the intentions of parties involved when contract was formed]. Imho, both jurisdictions would find that it was parties intention to transport luggage...

    As to incorporation, I will simply argue that it wasn't incorporated, as exclusion clause was presented some time after the terms of the contract were agreed upon.

    I would also mention Montreal Convention 1999 on aviation. It's not binding for internal flights, but I would mention that this is a persuasive directive on how the service should be constructed.

    Further more I'd say that this exemption clause is not fair to the clients. Unfortunately, I can't really bring any statutory law from ROI / UK, but mentioning that over 40 million bags were lost in 2009 would be enough, right?


    So... any advices?

    Thank you for help in advance.


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    First advice: do your own homework.

    Second: Moots are about the preparation, presentation, etiquette and rebuttal as much as your own problem and case.

    Third: McDermott on Contract. Unfair Terms in Consumer Contracts Directive, Jarvis v Swan Tours [1973] 2 Q.B. 233, Hobbs v London South Western
    Railway     (1875) 10 QBD 111, Hadley v Baxendale (1854) 9 Exch. 341
    Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 1 All ER 997
    Wilson and Dunville (1879) 6 LR (Ir) 210
    Lennon v Talbot (Ireland) Ltd (Unreported, High Court, 20 December 1985)
    Anglia Television v Reed [1972] 1 QB 60
    Hickey v Roches Stores (No 1) (Unreported, High Court, 14 July 1976)
    Leahy v Rawson (Unreported, High Court, 14 November 2003)
    Kelly v Crowley (Unreported, High Court, 5 March 1985)


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    mystiq wrote: »
    A books a internal flight online, as well as book a luggage. He arrives to airport, checks-in his bag and received ticket containing exemption clause at the bag, excluding liability for " the loss or damage to any luggage with the exception of hand luggage".
    Some bits missing here. Is it the estate is suing? :)

    EU law?


Advertisement