- Sections
- P'ninat Mishpat
Ruling: The contract between pl and def states that pl will reimburse def for damages he sustained, including if def has to pay others due to pl’s negligence. The question is whether pl was negligent regarding the etrogim. First, pl claims that the agreement with oo was not carried out because Mr. S decided to raise the quality of the etrogim he wanted for CP, and this caused the need for a change in quantity. Def claims it was because oo was concerned that too big an order was being made and that CP would not pay oo in full. [We will discuss next time the partiality of the different witnesses on this matter.]
Was it necessary for there to be a contract between pl and oo? Pl said that the AM market is one based on trust between the major players, and there are rarely contracts. One of several indications that this is the case is the fact that Mr. S, upon making a new agreement between CP and oo, did not bother to write a proper contract but to sign on some numbers on a scrap of paper after a week.
Regarding the lack of pl’s presence, the contract does not state that pl needed to be present but could have someone representing him. Since oo was serving on pl’s behalf to provide the etrogim for def, he fulfilled that requirement. Although a representative of def asked pl to come, he was not required to agree, which is even more understandable according to his claim that a family situation arose that required his immediate attention.

P'ninat Mishpat (762)
Beit Din Eretz Hemda - Gazit
617 - The Mouse Guarding the Cheese? – part II
618 - Why Was the Etrog Order Changed? – part
619 - Why Was the Etrog Order Changed? – part II
Load More

Buying a Driving School Car
Various Rabbis | 6 Av 5767

Compensation for Questionable Firing
based on ruling 81036 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tishrei 9 5782

Claim of Not Understanding a Provision of a Signed Document
Various Rabbis | Nisan 5773

How Many People Together to Start Shemoneh Esrei? – part II
Rabbi Daniel Mann | Tevet 18 5777

Beit Din Eretz Hemda - Gazit

Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
18 Sivan 5784

Improving Education in Yafo
Igrot Hare’aya Letter #21
Iyar 21 5781

Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
19 Sivan 5784

Limiting Exorbitant Lawyer’s Fees – part I
(Based on ruling 81120 of the Eretz Hemdah-Gazit Rabbinical Courts)
Tishrei 29 5783

Redeeming a Firstborn Donkey!
Rabbi Yirmiyohu Kaganoff | 5770

Parashat “Shema” and Parashat “Vehaya Im Shamoa”
Parashat Ekev
Rabbi S. Yossef Weitzen | Av 5761
Days on Which Tachanun Is Not Recited
Chapter Twenty One-Part Three
Rabbi Eliezer Melamed | 5775

A Sage is Greater than a Prophet
Rabbi Jonathan Sacks | Av 26 5780
Daf Yomi Sanhedrin Daf 55
R' Eli Stefansky | 12 Shevat 5785

How the Sacrifices Made the Torah More Approachable
Rabbi Mordechai Hochman | 16 Shvat 5785
