Question Paper for English II Semester B (2014)

Write a Legal Brief. This document involves:a) research

b) argumentation (persuasion) and

c) presentation in a certain format.

It comprises of 50% of the grade.

You are expected to hand in the final Brief directly to the Examination Centre on 23rd May, 2014.

The question is:

Nak Chuy v. Iyer Associates (2014)

Nak Chuy is a multinational corporation headquartered in Kuala Lumpur, Malaysia. It is the world’s largest crane-manufacturing company. It is well known worldwide for its technology, quality and service.

Vishwakarma Hydraulics is a Mumbai-based Indian crane-manufacturing company. Vishwakarma approached Nak Chuy for buying and maintaining cranes in January 2003. Both companies entered into a contract for the supply and maintenance of ten cranes. These were to be supplied at a cost of 400 crores, which were to be delivered and maintained over a period of ten years.

The payment was also to be made over ten years, with one payment per year. The parties have agreed that Nak Chuy will apply for a license and pay the requisite registration fees, as per the Import and Export Act of 1954. Accordingly, Nak Chuy has paid the registration fees. However, they failed to obtain the license from the relevant authorities. In spite of the non-receipt of the license, both Nak Chuy and Vishwakarma continued their business relationship expecting that Nak Chuy would eventually get the license.

Iyer Associates, a family-run conglomerate, owns many manufacturing plants and units in Chennai. It is one of the most successful family-run businesses in India. The company has decided to take over Vishkarma Hydraulics for an undisclosed sum. In the year 2008, Iyer Associates acquired Vishwakarma Hydraulics.

In the year 2008, the Indian government repealed the Import and Export Act of 1954 to assist the growing economies of ASEAN states. Consequently, licensing and registration is no longer mandatory for business operations by ASEAN companies in India.

From 2003-2008, Vishwakarma Hydraulics had been making payments to Nak Chuy as per the terms of the agreement. Iyer Associates, after acquiring Vishwakarma Hydraulics, stopped making payments to Nak Chuy. Nevertheless, Nak Chuy has been sending the cranes according to their original agreement.

In 2013, at the end of the contract, Nak Chuy brought a suit against Iyer Associates for non-performance in the High Court of Bombay. Nak Chuy seek damages with compound interest.

Iyer Associates contend that they never entered into a contract with Nak Chuy. They also argue that Nak Chuy had never obtained a license from the appropriate authorities to send the cranes. Therefore, the contract entered into with Vishwakarma Hydraulics is not enforceable against them.

Nak Chuy allege that Iyer Associates, by virtue of acquiring Vishwakarma Hydraulics, have also taken on all the assets and liabilities of Vishwakarma Hydraulics. This furthers the claim Iyer Associates is liable to pay for the cranes received from 2008 to 2013.

[The original contract contained a clause stipulating that the parties agreed to submit to the exclusive jurisdiction of the Bombay High Court and that Indian law would apply to any dispute arising out of or from the contract.]

You are working for the firm that is representing Nak Chuy in their litigation against Iyer Associates. The court has asked the parties to submit briefs on the following questions:

The questions before the Court are:

1) Whether there is an existing contract between Nak Chuy and Iyer Associates2) Whether Iyer Associates has breached the contract with Nak Chuy3) Whether any damages should be awarded for injuries suffered; if yes, how

should damages be calculated

Draft a brief in support of Nak Chuy addressing these three questions. Your brief must contain the following sections: cover page, list/table of authorities, statement of facts, statement of issues, summary of arguments, argument, and conclusion.

Grading

This brief is worth 50 points (i.e. 50% of your final grade). The points will be allocated as follows:

Research: 10 points

Content: 20 points

Format/ Organization: 15 points

Writing Style: 5 points