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Ruling: We saw last time that def should be fully refunded for whatever was unusable because they were seriously blemished and it was hard to notice it initially. We will now discuss the countersuit.
We are happy that def lowered the countersuit, as the claim for wasted expenses is covered by the claim for lost revenues (in order to have gotten paid by bk, he had to undergo those expenses).
One deserves compensation from another who caused him to lose revenues only if the revenues were clearly lost because of him (see Eretz Hemdah-Gazit ruling 69020). In this case, despite the problem with the brass forms, def basically admitted that had he noticed the problem before the gabbai and decorator did or had he not quarreled with them, he would have been able to have the blemished parts replaced and gotten paid. His reputation also would not have been impacted. Therefore, he is not entitled to the full claim of losses.
The Shulchan Aruch (Choshen Mishpat 232:21) rules that if one sells a flawed object that needs to be returned, the seller must pay for the buyer’s expenses only if the seller was aware of the flaw. In contrast, if one gave bad financial advice to his counterpart, he must pay even if his mistake was accidental (ibid. 306:6). The Ramah distinguishes between the cases in that someone who sells has no choice but to sell, and therefore he is exempt from paying for indirect damage, whereas one who does not know how to give advice should not be giving it. Our case falls in the middle and depends how one reads the Ramah. It seems though that the important thing is that def paid for the work and not for the advice to rely on the work, and indeed def came often to inspect. Therefore, pl does not have to pay for the fact that def relied upon their work. There is also strong enough grounds for def to have noticed imperfections that he should have inspected better before relying on it, and therefore he cannot extract further money from pl.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
633 - Operating a Preschool in a Private Building – part I
634 - Unartistic Material for Artistic Work – part II
635 - Unartistic Material for Artistic Work – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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 III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
