Beit Midrash
- Sections
- Chemdat Yamim
- 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 (802)
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617 - The Mouse Guarding the Cheese? – part II
618 - Why Was the Etrog Order Changed? – part
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