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Case: An NPO (=pl) hired the defendant (=def) to help set up an internet site for fundraising use. Def identified three stages in developing the site, which was the basis for a contract to pay def for the first stage, including a functional specification document and other groundwork. During that time, they would negotiate the terms for work on the other stages. Def’s salary was 12,000 shekel plus 4% of revenue raised for a certain time. After presenting the functional specification, def helped pl choose a site developing software company (=SC) to do the next stage and negotiated their fee. Pl decided to hire a programmer (=RP) to replace def. RP reported to pl that def was responsible for many flaws in the planning, and pl also held def responsible for difficulties working with SC, including that SC was promised too much pay and was not sufficiently held responsible. Pl stopped paying def the promised percentage of profits and demands a return of some of the money already paid. Def is countersuing with the claim that pl did not do enough to utilize the opportunity, and he only agreed to a low salary because the percentage of the income was promised to him. The sides also dispute if the 4% is of the revenue produced specifically through the site, or whether it is for all of pl’s revenues during the period.
P'ninat Mishpat (829)
Various Rabbis
533 - Expanding Work and Expanding Pay
534 - Poor Job of Setting Up an Internet Site? – part I
535 - Poor Job of Setting Up an Internet Site? – part II
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Let us analyze the halacha according to the possibility that def did not work up to par. There is a machloket Tannaim (Bava Kama 100b) about work not done according to instructions, which is paskened in the Shulchan Aruch (Choshen Mishpat 306:3) as follows. The worker does not get the price he was promised but rather no more than the benefit that was accrued from his work. This is so even if the change was done accidentally, unless something happened that was beyond the worker’s control (ibid. 305:9).
It was clear that at the time that the first stage was completed, the system, if operational, would have problems that would need to be worked out. Def urged pl to begin using it in order to be able to fix those that arose, and also offered to stay on to help his replacement understand the strengths and weaknesses of the system, but pl refused. In such a case, we apply the rule that if one sold a flawed product to a buyer and the buyer used it after knowing about the flaw, the buyer can no longer void the sale based on the flaw (ibid. 232:3). The Maggid Mishneh (Mechira 15:3) adds that this also applies if the buyer could have uncovered the problem right away. According to some (Mishneh Lamelech ad loc.) this is only if used the object was used without being checked.
Therefore, we conclude that pl should have checked the status of the system before ending def’s work on it. We will continue with other elements of the case.
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
