Part Three - Discussion and Decision
- General - The Method of Hearing and Deciding the Parties' Claims
In the following paragraphs, the discussion will be presented, with reference to the following chapters:
- Clarification that the two defendants are liable for the obligations of the agreement "jointly and severally" - the defendants' obligation in the agreement is "jointly and severally" and therefore, at the end of the day, none of the defendants should be lenient or their obligations should not be separated, this will be expanded upon in section 7 below.
- Reference to the demand for agreed compensation, one of the ten remedies for the claim - a discussion on this matter will be presented in section 8 below.
- And beyond that, and for the purpose of expansion, a discussion of seven additional components out of the ten components of the claim for damages caused to the plaintiffs - a hearing of seven of the ten components of the claim, beyond the agreed compensation requirement - will be brought in section 9 below.
- Discussion of the remaining two remedies out of the ten components of the claim - A discussion of the last two components of the claim out of ten will be presented in section 10 below. These components relate to the return of sums paid by the plaintiffs to the authorities instead of the defendants.
- Reference to the defendant's claim of a counter-debt in the sum of ILS 270,000 - In section 11 below, reference will be made to the defendant's claim regarding a counter-debt in the sum of ILS 270,000.
- A note before concluding, regarding the defendant - a note regarding the defendant and the claims regarding her condition will be brought in section 12 below.
- The two defendants are liable for the obligations of the agreement "jointly and severally"
- The sale agreement was signed by the parties on April 1, 2021, when the two defendants were defined as "hereinafter, jointly and severally: the 'Seller'". When the two defendants undertook in the contractual obligation "jointly and severally", the plaintiffs are entitled to claim the full obligation, from each and every one of them. In this regard, see Section 55(a) of the Contracts (General Part) Law, 5733-1973 (hereinafter: "the Contracts Law"), which provides as follows:
"For two years that are owed jointly and severally, the creditor may demand the fulfillment of the obligation, in whole or in part, from both of them as one, or from each of them separately, provided that he does not repay more than he is entitled to."