Moot peoblem

SWAMINATHAN (Querist) 04 September 2012 This query is : Resolved
Selection Moot Problem

Alpa was a young aspiring model of 19 years .She had made a steady progress in the modeling field and had a short term contract with some of the well known brands. As part of the requirement of the profession , she had joined a gymnasium . She worked very hard at the 'Model' gym to maintain fitness.
On the fateful day , she was working out on the treadmill , trying to test her stamina . She put treadmill at 10 km/hr speed and kept the inclination at 40 degree . That is an extreme test of stamina which the management of the gym had specifically prohibited .
At the time of joining the gym , no rules and regulation were communicated to her except to carry shoes in bag instead of wear and come (to maintain cleanliness) and towel to wipe sweat . However on every
Trade mill, there were written instructions not to exeed the speed of 8km/hr and maximum inclination o f 20 deg. The instructors at the gym could not insist on the rules as they were held up other regular exercise which reqiure 1 to 1 instructions
While Alpha was trying to test her stamina, she started feeling exhausted and she was losing strength very fast. To cope up with the test she was concentrating on her legs and trying to encourage herself.
At this stage, electricity went off and treademill stopped abruptly. This, she did not realise immediately and took another another long step and fell on the front portion of the treadmill, injuring her face and arm.
When she was taken to the hospital by her colleagues and management, she had suffered a broken jaw, torn lips which require three stitches and disfigurement of the lower jaw. Her right hand was also fractured.
As a consequence, she was not considered by two of the major brands who were coming up with a nationwide advertising campaign, as she rquired at least six months to recover. Two of her existing contracts were also terminated.
She therefore has filled a case against the ‘Model’ gym to the compensation.

pls help me with legal facts for the above
moot court problem. I am student of 1st year B.A.LL.B. this is to be my first moot court experience. I shall be thankful to you.

Swaminathan

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