Moots for 2011-12

*ALL COMPETITIVE MOOTS COUNT AS YOUR JANUARY TERM COURSE* Students wishing to do a competitive moot should select a January term course which they can then drop if selected for a competitive team. 
Participating in a competitive moot can be one of the most rewarding experiences at law school.  The Common Law Section offers a wide selection of moots covering different subject areas.  While most moots test appellate advocacy skills, others require participants to demonstrate their abilities in trial, arbitration or other settings. 

The moots to be sponsored (tentatively) in the upcoming 2011-2012 academic year are the following:

ENGLISH MOOTS and BILINGUAL MOOTS

• ARNUP Cup Criminal law – Leading to Sopinka
• CORPORATE SECURITIES Moot
• ENVIRONMENTAL Law Moot
• Intellectual Property Moot
• ICC International Commercial Mediation
• Julius Alexander BLACK LAW STUDENT ASSOCIATION moot
• KAWASKIMHON National Aboriginal Law
• LASKIN Constitutional/Administrative law
• WILSON Equality s. 15
• Phillip C. JESSUP Public International law
• Willem C. VIS International Commercial Arbitration
• WTO/ELSA WTO Law

FRENCH MOOTS

• MONCTON OTTAWA Private law
• ROUSSEAU Public International law
• GUY GUERIN Criminal law (Arnup, but in French) – Leading to Sopinka

 

* A Mooting information session will be held (TBD). This is an opportunity to learn more about our moot program, as well as the subject matter of the moots that are offered. Information on how to tryout for any or the moots will also be covered at this session.

How to tryout 

If you wish to tryout for one of our moot teams, you must submit an application package addressed to Prof. Anthony Daimsis, by Thursday September 15, 2011 at the common law secretariat. This package must include the following:

• Cover letter indicating the moots for which you will tryout, in order of preference from the following options ONLY (other moots have a separate tryout): Arnup, Guy Guerin, IP, VIS, Jessup, WTO, Laskin, Wilson, Corporate Securities, Rousseau, Julius Alexander, Environmental, Moncton 
• CV (resume)
• Most recent law school transcript (student copy acceptable)
• Writing sample (in language of moot - 2 page max.)
• Current course schedule

Tryouts will be held September 17 in room 351

Problem:

Apple computers inc. (Apple) is looking to capitalize on an important segment of the Canadian market and has decided to build and release a limited edition iPhone-CAN in the hopes of capturing all non-iPhone users in Canada.

 

It has already chosen the company that will build the hardware but now seeks a company to handle the software needed to run the iPhone-CAN.  To this end, it has sent out a call seeking offers from software companies.  Apple seeks a company that meets the following requirements:

 

                1. Minimum of 10 years experience in software development

  

                2. Must be solvent

  

                3. Must be incorporated and have been operating in the United States of America for the last five years

 

The following three companies sent in their bids:

 

(a) Microsoft of America

(b) Oracle Corporation

(c) SAP AG of Germany

 

After carefully studying each bid, Apple selected SAP AG of Germany, a company not incorporated in the USA. According to the letters sent to Microsoft and Oracle, SAP had the most competitive bid and rather importantly, its management team appeared most attuned with Apple’s needs. For the sake of transparency, Apple also informed Microsoft that its bid was second best.

 

Microsoft is not happy about spending its time and money on a losing venture; it’s also not used to losing.  Its chairman decides to summon the company’s lawyers to find a way to overturn Apple’s decision. He reminds them that Apple has attempted to protect itself by requiring disputes to be resolved before Canadian courts in accordance with Canadian law. Apple also included the following exclusion of liability clause, which reads in relevant part:

“No matter if Apple breaches any explicit or implicit obligations, parties submitting bids will have no recourse.”

For the avoidance of doubt, this clause was clearly brought to Microsoft’s attention before it made its bid and Microsoft is the world’s third largest software company.

 

Restricting yourself to the Supreme Court of Canada’s decision in Tercon [2010] 1 S.C.R. 69 [canlii] (paras 125-141 are most relevant), please take a position on whether this exclusion of liability will protect Apple should Microsoft seek legal recourse in overturning Apple’s decision.

 

You will have 5 minutes to present your arguments and you may expect questions from the bench.”

A sign up sheet is posted on the office door of Prof. Daimsis (Leblanc 114) on Monday September 12. You have until Thursday, September 15 by 16h to register for a tryout spot.  No other method of signing up is allowed, including by email or phone. Such requests will be ignored.

You can follow Prof. Daimsis on twitter for up to date mooting info.

Mooting

Competitive Moots