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- P'ninat Mishpat
Ruling: Pl is correct that his sale of comp was not fictitious, and at the time of the agreement with def, he intended that cont would receive practical control quickly. However, the sale did not go through as planned, as transfer of shares from pl to cont and control of comp’s bank account were delayed by a year because cont did not pay according to schedule. We do not accept pl’s contention that this control, which included depositing and writing checks, was only a formality. Therefore, the problem of a conflict of interest, when one is, in effect, supervising his own company’s work, is a serious one. Therefore, def’s agreement to pl’s role was based on misrepresentation, and pl does not deserve the balance of his salary that he has demanded, even though there is not proof that he did not visit the building site as much as he was required.
Regarding the choice of comp to do the work, it is clear that pl was significantly involved. However, it was not proved that the choice of comp was not a good one, as their price was lower than another estimate, and def did not prove that it was too high for the work involved. Only the price given for the anti-fire sprinkler system was excessive (400,000 NIS instead of 84,000 NIS offered by a different company). This is reason for pl to not receive his salary for organizing and supervising.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
586 - Who Drove Worse?
587 - The Mouse Guarding the Cheese? – part I
588 - The Mouse Guarding the Cheese? – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
