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- P'ninat Mishpat
26
Ruling: [We have found that pl was an investor, that def had mostly not been negligent in the investment’s failure, but will pay 15,000 NIS as a compromise for not discussing with pl switching to heter mechira earlier. We now deal with some final points.]
While def’s representative at one point admitted to owing more money, he claims that that calculation was a mistake. A claim of a mistaken admission is acceptable in a case where there is a migo, i.e., he could have gotten out of paying in a different way. Regarding an admission in a text message, which is no stronger than a written note, there are several ways to be exempt (see S’ma 126:41). There are also indications of mistake, as several calculations were presented, and it is not logical to take the highest one and say that it is the correct one.
Def’s delay in paying what they admitted caused pl to have to pay extra interest on the mortgage. While this is indirect damage, def accepted upon themselves to pay even for moral obligations for which beit din does not usually obligate. Therefore, we will obligate according to an accountant’s calculation of unnecessary interest payment. Regarding pl’s lost profits, one pays usually only when the plaintiff could have used them for certain profits, which is rare nowadays. However, the money withheld was helpful to def in their [post-Shemitta] operations, and that should be shared with pl. To avoid further expense of hiring an expert, we estimate that value at 20,000 NIS.

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