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Case: The plaintiff (=pl) signed an agreement with a supplier of produce for a niche clientele (=def) to open a store selling only their produce. There were disagreements about some shipments that def made to pl, and pl was also behind in payments. Def merged with another company (they are joint defendants), and before the merge, pl and def had a meeting to iron out issues, in which pl made certain complaints and gave checks for an amount the sides agreed to. After pl fell further behind in payments, def stopped sending produce. This forced pl to stop his operations; he still had to pay rent. Pl is suing def 100,000 shekels for a unfulfilled promise that he would be def’s sole outlet in his area (def denies such a commitment), 5,000 shekels for making pl do his own deliveries a few times, 9,300 shekels for wasted store rental (def – it was pl’s fault for stopping payment); 24,766 shekels for deliveries with too little produce (def – one charges for stacks of produce based on average weight; sometimes they are less, sometimes they are more); 9,900 shekels for late-night deliveries that were stolen (def – by contract, pl may make off-hour deliveries). Def is countersuing 54,431 shekels for payment due on deliveries. Def is holding a bounced check from pl and a guarantee that is being processed by hotza’ah lapo’al.
Ruling: In general, pl did not provide support for many of his claims. The relevant contract states that pl accepts def’s invoices for deliveries as correct. Furthermore, def is correct that any claims that relate to the time before their meeting are not to be accepted. While pl might not have been happy with all of the "understandings," once they gave checks to a certain amount without clear stipulation, they accepted the compromises regarding all previous disagreements. This includes the matter of exclusivity (about which there is also no hint in the contract and was at most a statement made by an agent of def without authority to obligate them).
A middleman between the two explained (although his testimony is not classically valid because of interests) that the industry standard is that the deliveries are based on number of stacks and average weight. In any case, beit din accepts the contract stipulation that def is believed on such matters (it is impossible to weigh and prove each element of each shipment). According to many poskim, the fact that def is holding a check and guarantee makes them the muchzak (the one who is in control, putting the burden of proof on the other side).
Regarding the off-hour deliveries, although the standard contract between def and his retailers allows this, since pl complained during their joint work that in his commercial area, thefts are common, def should not have made such deliveries. As a compromise, pl will only be charged one third for those deliveries. Regarding the lost rent, def does not have to continue supplying produce to pl when payment is far from assured, and therefore pl is responsible for his own losses.
P'ninat Mishpat (825)
Various Rabbis
577 - Renovations that Did Not Finish On Time
578 - Disagreements Between a Supplier and a Store
579 - Return of “Borrowed” Pre-School Items 1
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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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
