Equity, Trusts and Specific Relief Plus Moot Courts and Mooting

Equity, Trusts and Specific Relief Plus Moot Courts and Mooting by B M Gandhi

The author has traced the evolution of the principles of equity in India, covering in the process all aspects of the subject. The aim and object of Equity and its role have been explained lucidly. A reference to the principles of Equity becomes necessary in the Indian courts in the matter of interpretation of the relevant statutes of property, contracts, mortgages, trusts, specific relief and the like where the statute is silent on a particular point. For example, in cases arising out of a contract, equity steps in and takes over and imposes liability upon the defendant to the plaintiff. The principles of justice and conscience are thus the basis of equity jurisdiction and equity has a role to play in the field of tort too.

The author has taken pains to show the use of Equitable principles in the Indian context and has also made a comparison with English law on the subject.

To bring the book in line with the revised law curriculum a new Fiduciary Relationship has been added, discussing what is a fiduciary relationship, how it comes into existence along with a list of cases, wherein it springs up.

New and recent cases, discussing the general parens patriae jurisdiction of courts over religious and charitable trusts, guidelines, when one trustee may act for all, what type of questions might arise in cases for specific performance and benefit gained by unjust enrichment (from fiduciary relationship), must be restored back to the trust have been included.

All important decisions relating to specific performance of the contract have also been taken note of.

An elaborate subject index and table of cases add to the utility of the book.

Moot Courts and Mooting by Abhinandan Malik

The second edition of Moot Courts and Mooting has been thoroughly revised to include a detailed discussion on legal research as well as the interpretation and analysis of new moot problems and memorials. This book covers all stages of moot court preparation - from solving moot problems to giving presentations on competition day.

The Introduction for this book has been written by Mr. Murali Neelanktan who gives an overview of why Moot Courts are conducted. Chapter 1 introduces the world of mooting to the readers, tracing the history of moot competitions in England as well as comparing the format of moot court competitions with mock trials, client counseling, and other ADR competitions. Chapter 2 deals with the organisational aspects of moot court competitions. This chapter explains the role of moot court committees, participants, and court clerks as well as the training of judges, etc. In Chapter 3 the three phases of researching, drafting, and editing have been explained in detail with the help of sample moot problems and memorials of actual competitions. All aspects of the preparation of oral arguments are covered in Chapter 4. Chapter 5 answers all doubts on a student’s mind, right from how to dress for the competition to how to manage time on the floor of the courtroom. Chapter 6 deals with all the issues the mooter has to face while making presentations. With the help of an exhaustive list of illustrations, the author has explained “how to do” things on the courtroom floor, such as, how to deal with aggressive judges and how to minimize the effect of an apparent error in a submission.

Special Features:

• Practical advice by experienced mooters, moot judges and trainers.
• Drafting skills for preparing effective Memorials or Written Submissions and Oral Arguments have been discussed in length.
• Provides guidance for professional advocacy skills.
• Helps to tackle the problems faced on the floor of the Moot Court competition.
• Explains all organisational aspects of moot court competitions.
• Question and Answer format for easy navigation.
• Chapter Summaries and Points of Caution.
• Includes sample Moot Problems and Score-sheets from across all major National and International Moot Court competitions viz. Philip C. Jessup International Moot Court competitions, etc.

This book will be useful not just for mooters who are starting out but also for experienced mooters to hone their skills. Faculty members in law colleges will benefit greatly from this.