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Ruling: First we must determine if def can be held responsible for damage that pl physically himself caused by plugging in and turning on their appliances. When one shows a moneychanger coins he is considering accepting and the latter mistakenly approves them, the moneychanger is obligated to pay for the loss if the customer informed him that he would be relying on the appraisal (Shulchan Aruch, Choshen Mishpat 306:6). The Netivot Hamishpat (ad loc. 11) claims that when one has paid for the advice, he does not have to state that he is relying on it. When def told pl that the apartment was ready for full occupancy and this belief caused damage to the appliances, def became obligated to pay.
Additionally, in the contract between def and pl, def accepted responsibility for flaws in building (which are done by a contractor’s workers or subcontractors). Only in the case of unusual extenuating circumstances is one who obligated himself exempt (Gittin 73a).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
609 - Promotion that Didn’t Fully Happen
610 - Responsibility for High-Voltage Damage
611 - Dispute on the Manner in which a Rental Ended
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There are two ways to appraise damage in such cases: 1. To see how much the object’s market value depreciated. 2. To have the damager pay for repairs. There can be a significant difference between the two regarding cases a used object. Rav A. Scheinfeld (Chok L"Yisrael, Nezikin pp. 194-196) demonstrates that the classic halachic means of appraisal is the former. However, Rav Y. Blass (Techumin, v. XIII, p. 389) points out that this is often unfeasible when the object is something that is not normally sold so that the change in value before and after the damage is negligible. Rather in many cases, it is logical to make the damager pay to fix the damage. In our case, we prefer to have def pay according to the price of fixing.
While it is now too late (the appliances were replaced and discarded) to know for sure if the appliances could have been fixed, we will obligate def not for their full value but for how much we could have expected to have made them pay for fixing it, which is 1600 NIS between the two appliances.
Beit Din Eretz Hemda - Gazit
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