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Ruling: Last time, we saw that pl was wrong in leaving the work and lost his right to finish the job.
Pl claims that even if he was wrong for leaving the job, his fee should be reduced only according to the prorated cost of the work needed to be finished. The contract states that if pl fails to keep to the time schedule or does not fix flaws within ten days, def can replace him, after warning. This grants def the right to have the same work done, even at a higher fee (def must present proof of payment). The warning does not need to be about an imminent hiring of someone else, but just that he make demands about what is expected of pl, which it is documented that he did.
The written specification of the aluminum work requires "Belgian style," which pl did not provide, and therefore def wants them replaced. The problem was detected before installation, and the sides decided to install what was ordered and compensate monetarily as needed. Now, def claims that the aluminum is of unreasonably low quality. Pl denies ever receiving the specification sheet for the aluminum and that they therefore ordered "standard" aluminum. Pl also claims that eng agreed to the aluminum, which eng denies.
Beit din concludes that it is unreasonable for pl to have received exact specifications for everything except the aluminum and to nevertheless set a price for it, especially because we are unaware of any "standard" product. There are also indications that pl received the information and acknowledged he made a mistake in the order. The rule is that when a litigant quotes a third party and the third party denies what was said in his name, the litigant is not believed. Since both sides gave special trust to eng, pl’s claims in this matter are rejected. However, beit din’s expert finds that the aluminum installed is of reasonable quality and since def allowed it to be installed, the aluminum need not be replaced. Pl will have to return a significant amount of money for the downgrade.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
619 - Pay for Contractor who Left the Job under Protest – part I
620 - Pay for Contractor who Left the Job under Protest – part II
621 - Valid Excuses to Not Pay Rent?
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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
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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.
