Yeshiva
Beit Midrash
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- P'ninat Mishpat
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 (835)
Beit Din Eretz Hemda - Gazit
609 - Pay for Contractor who Left the Job under Protest – part I
610 - Pay for Contractor who Left the Job under Protest – part II
611 - Valid Excuses to Not Pay Rent?
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 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: 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: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
