31
Ruling: [Last time we saw that the money pl gave was an investment, which leaves him open to losing profits and even principal, and that def’s agreement to compromise with obd was not necessarily negligence.]
In general, the claim of negligence needs to be proven in order to extract money. None of the area’s farmers had an individual contract with obd, and there were advantages to going as a group, and therefore one cannot prove negligence there. The idea of harvesting on time and forcing obd to receive the produce is hard to demonstrate to be an advantage. First, greater harvest would have come with a labor cost and there would not have been a payment by insurance, so that most of the ostensible advantage is not true. Second, if obm did not sign on receipt of the produce, it is unlikely that def could have forced obm to pay for it.
On the other hand, one can question the wisdom of not switching to the heter mechira system earlier, as all the other area’s farmers did. While the agreement with pl does state pl’s desire to take part in keeping Shemitta properly, which def shared, since the switch after obd breached the contract was a natural step, def should have at least discussed the matter with pl. Therefore, out of compromise that is close to din, beit din awards pl 15,000 NIS in damages for the likely negligence of not switching earlier.
We will finish up with other elements next week.

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