2nd SURANA & SURANA AND Dr. M.S.

RAMAIAH
NATIONAL TORT LAW MOOT COURT COMPETITION
&
JUDGMENT WRITING COMPETITION 2019

Moot Problem

Part 1- Wilson

1. Wilson was the founder CEO of Essex Corporation. What began as a small start up
with a couple of college friends, barely five years ago, is now one of the top brands
in the financial market that provides financial advisory services to its customers.
The exponential growth of Essex Corporation to a large extent was attributable to
the hard work, perseverance and brilliance of Wilson.

2. Umbrella Corporation, a giant conglomerate of financial companies having its head

3. The due diligence of Essex Corp having been completed, the directors of Umbrella
Corporation were meeting Wilson and his team on 24.11.2018 for finalising the
deal. It was undoubtedly the most important meeting of Wilson’s life.

4. On 23.11.2018, Quibbler TV aired an interview of Rachel were in she levelled

5. On the basis of these statements, the news anchor of Quibbler TV- Sartaj Singh
carried out a 2 hour story on prime time. In the first segment, Quibbler TV called
for viewers to vote on “Whether Wilson should be allowed to get away with
harassing women?” The TV channel also started a twitter campaign with the
#wilsonthepervert. In the next segment, a debate was telecast on how companies
need to strengthen their policies and refuse to collaborate with people who were
accused of harassment in the ‘me too’ movement unless they prove their innocence.

6. In light of the developments, Umbrella Corporation informed Wilson that they did
not want to be seen as a company that does business with anyone who is in the
middle of a media trial as the public relations would be a nightmare. The deal was
called off.

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7. Antagonised Wilson filed a civil suit for defamation, character assassination and
damages before the Delhi High Court arraying Rachel as the First Defendant, Sartaj
as the Second Defendant and Quibbler TV as the Third Defendant. He contended
that the accusations of Rachel and the television program by Sartaj Singh has caused
irreparable damage to his reputation. Further Quibbler TV is vicariously liable for
the actions of Sartaj. Wilson sought for a public apology by all the Defendants to be
aired on Quibbler TV along with monetary damages to the tune of Rs. 100 crores.

8. Upon the receipt of the suit summons, Rachel and the other Defendants have filed
their Written Statement. While Rachel claimed that truth is her sole defence, the
Second Defendant claimed for immunity under the freedom of press, speech and
expression. It was further asserted that there was no factual error in the news
program that was telecast on 23.08.2018. If Wilson is innocent as he claims, he
ought to prove his innocence for the requirement is to believe the victim unless
proven otherwise. The Third Defendant too has denied any liability on their part as
Sartaj was hired on a contractual basis.

Part 2- Rachel

9. It was the summer of 2012, Rachel had just graduated from college and just like all
her friends, and getting placed in a company was on the top of her priority. Though
she had applied at several places, she desperately wanted to join Wade Enterprises.
It was well known that a stint in one of the most prestigious companies such as
Wade Enterprises worked wonders for the career graph of a fresher.

10. Wade Enterprises was one of the leading wealth management companies in the
country. The securities and investments division was headed by Wilson who had
made a remarkable name for himself in the organization. While Rachel’s academic
record was not as impressive as many other applicants, she fared quite well in the
interview taken by Wilson and joined the organization on 01.09.2012

11. As Wilson worked extensively with his team for long hours, he grew quite fond of
Rachel who was indeed very good looking. Wilson never expressed his feelings to
Rachel fearing rejection and losing her as a friend. However, some of his colleagues
had figured that Wilson was infatuated with her. Wilson knew that any relationship
with any of his subordinates would unnecessarily complicate the matters. However,
you do not choose whom you love. Like rain, he fell for her.

12. At the New Year’s Eve, during an office party Rachel had a little too much to drink.
As she was too was too drunk to drive, Wilson stayed up till late night and dropped
her back. When they reached Rachel’s home, she invited him over. As Rachel was
intoxicated, Wilson declined and thought best if he left. Rachel gave him a hug and
kissed him goodbye.

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13. Wilson couldn’t believe what just happened. His excitement knew no bounds. He
immediately called up his entire friends in the office and told them what happened.
The next morning, when Rachel walked into the office, she was flabbergasted to
find her workplace filled with red heart shaped balloons and decorations. In the
centre was Wilson who was down on one knee with a ring proposing to her.

14. Rachel was petrified. She did not know how to respond. While assimilating all what
was happening around her, she spoke to Wilson and told him that she did not feel
that way about him. She clarified that he was reading too much into last night and
she did not have any romantic thoughts or feelings for him.

15. Wilson was dejected. He tried to persuade Rachel who was just avoiding Wilson
under one pretext or the other. Wilson was getting restless as he thought that he had
messed up his friendship and relationship with Rachel. He called her up several
times and tried messaging her but she had blocked his number. Finally, he tried to
meet her at her residence, but the security at the apartment would not let him in.
Dejected, Wilson waited outside Rachel’s house so that he could meet her.

16. When Rachel stepped out to meet her friends over for dinner, Wilson followed her
to the restaurant to talk to her. Rachel was furious to see him at the restaurant. She
refused to talk to him and asked him to leave.

17. Considering the awkward situation, Wilson thought it would be best if he and Rachel
did not work in the same department. The next day Rachel received a mail from the
HR of Wade Enterprises informing her that she is no longer with the securities and
investment team of Stark Industries and that she will be reporting to the marketing
team henceforth.

18. Rachel was furious, she felt that she is being punished for refusing to date Wilson
and argued that if anybody has to be transferred, it is Wilson. The management did
not budge considering the fact Wade Enterprises needed Wilson in the securities
and investment division more than Rachel who had been with them for barely a few
months. Rachel escalated the issue by filing a complaint against Wilson alleging
stalking, unwelcomed physical advances and detrimental treatment at her workplace
to her disadvantage for having refused the advances of Wilson under the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013.

19. In terms of the Act, an Internal Complaints Committee was set up. Wilson was
shocked at the accusations and allegations levelled against him. He was at a loss of
words at this move by Rachel. With a view not to precipitate the matter and to have
a closure on the issue, Wilson tendered his resignation to the company.

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20. After working for a couple of months at the marketing division of Wade Enterprises,
seeking no growth in the near future, Rachel left the organization. She then applied
at several places seeking for employment in her desired field of securities and
investment. However, in light of what transpired at Wade Enterprises not many
companies were keen on having her on board. They feared that any negative
feedback about her work during her employment or any criticism of work would
invite allegations of sexual harassment.

21. Rachel could not understand where she had erred. She could not find a suitable job
elsewhere and could not stop blaming Wilson for ruining her career. Several years
later, when the Me Too movement started, Rachel found it fit to raise her voice and
speak up.

The trial is complete and the case is posted for final arguments.

Participants are at liberty to draft and frame the Issues.

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