Case 1





A bids out of turn. Y and Z consult as to whether they shall allow the

declaration to stand or demand a new deal. B claims that, by reason of

the consultation, the right to enforce a penalty is lost.





DECISION



Rule 49 does not prohibit consultation. It provides that "either

adversary may demand a new deal or allow the declaration to stand."

This obviously only means that the decision first made by either shall

be final. The old law prohibiting consultation has been stricken from

the code, and the action seems wise, as such a question as, "Will you

enforce the penalty, or shall I?" is really a consultation, and

consequently an evasion of the law.



There does not seem to be any sound reason for preventing partners

entitled to a penalty or choice of penalties from consulting, and as

the laws at present stand, there is unquestionably nothing prohibiting

it.



B's claim, therefore, is not allowed.





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