AIBE question and official answer

AIBE III 2012 Question 6

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Question 6 of 100 AIBE III 2012 Set Common

A and B agree to refer a land dispute to conciliation. C, the conciliator, makes a proposal for the settlement of their dispute, whereby the land will be split between A, B, and their sons in a particular manner. A's son D protests to A that the proposal is biased in favour of B. However, A and B are of the opinion that the proposal is the best solution to their dispute. D then claims his share (as outlined in C's proposal) from B, but they refuse to hand over his share. In light of these facts and the principle below, which of the following statements is most accurate?

  1. A Since A and B have agreed to C's proposal, they are bound to hand over D's share to him.
  2. B Since there is a valid settlement agreement signed by the parties in place; D is entitled to claim his share, as the agreement is final and binding.
  3. C Since there is no settlement agreement between A and B yet, D cannot claim his share under C's proposal. Official answer
  4. D Since D has claimed under the settlement agreement, it is final and binding on him; therefore, he can only seek C's aid in enforcing the agreement.
  5. E D is not a party to the conciliation proceedings, and therefore he can file a suit requesting that the Court set aside the settlement agreement.

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