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Q. 1.Principle 1: When two or more persons make a joint promise, the promisee may, in the absence of a contract to the contrary, compel any of such joint promisors to perform the whole of the promise.Principle 2: A contract which completely bars the jurisdiction of the courts of law is void.Facts: X and Y are brothers. They were renovating their ancestral home. They entered into a contract with Z, wherein Z promised to supply cement to X and Y. The contract provided that Z was to deliver the cement at the site of construction at his own cost. It was further provided that the payment was to be made only after the repair and renovation work was over. The claims under the contract were to be raised against both the brothers and any dispute was subject to arbitration and the decision of the arbitrator was to be final and binding. After the repair work was complete, Z raised a claim against X for payment. Decide whether the claim of Z will be upheld.a.    No, as the contract completely bars the jurisdiction of the court of law, therefore the contract cannot be enforced.b.    Yes, as the principle clearly states that a contract can be enforced against any one of the promisors.c.    No, as Y has not been made a party to the claim.d.    Yes, as Z has supplied cement under the contract and has raised his claim only after the completion of the work, therefore he is entitled to claim his money.

Question

Q. 1.Principle 1: When two or more persons make a joint promise, the promisee may, in the absence of a contract to the contrary, compel any of such joint promisors to perform the whole of the promise.Principle 2: A contract which completely bars the jurisdiction of the courts of law is void.Facts: X and Y are brothers. They were renovating their ancestral home. They entered into a contract with Z, wherein Z promised to supply cement to X and Y. The contract provided that Z was to deliver the cement at the site of construction at his own cost. It was further provided that the payment was to be made only after the repair and renovation work was over. The claims under the contract were to be raised against both the brothers and any dispute was subject to arbitration and the decision of the arbitrator was to be final and binding. After the repair work was complete, Z raised a claim against X for payment. Decide whether the claim of Z will be upheld.a.    No, as the contract completely bars the jurisdiction of the court of law, therefore the contract cannot be enforced.b.    Yes, as the principle clearly states that a contract can be enforced against any one of the promisors.c.    No, as Y has not been made a party to the claim.d.    Yes, as Z has supplied cement under the contract and has raised his claim only after the completion of the work, therefore he is entitled to claim his money.

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Solution

The correct answer is b. Yes, as the principle clearly states that a contract can be enforced against any one of the promisors.

Here's the step by step reasoning:

  1. According to Principle 1, when two or more persons make a joint promise, the promisee may compel any of such joint promisors to perform the whole of the promise. In this case, X and Y made a joint promise to Z to pay for the cement after the renovation work was over.

  2. Z, after completing his part of the contract (supplying the cement and waiting for the renovation to be over), is raising a claim against X for payment. This is in line with Principle 1, as Z can compel any one of the joint promisors (X or Y) to perform the whole of the promise (pay for the cement).

  3. Principle 2 states that a contract which completely bars the jurisdiction of the courts of law is void. However, in this case, the contract does not bar the jurisdiction of the courts of law. It merely states that any dispute is subject to arbitration and the decision of the arbitrator is to be final and binding. This does not mean that the courts of law cannot be involved if necessary.

  4. Therefore, based on the principles and the facts of the case, Z's claim against X will be upheld.

This problem has been solved

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