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Ruling: [Last time we saw that while pl would be expected to follow ins’ instructions, def would receive a reduction for elements that were not carried out.]
We must take a look at an unusual legal setup in this project. The yazam (developer) of the project is the yishuv and this set the tone for the work, but for technical reasons, each homeowner received the plot directly from the Land Authority and signed a work contract with the contractor. Therefore, the individual specifications an individual had were not as impactful as the plans and instructions of the yishuv’s professionals, such as ins. While one might expect then that def would have accepted the practical arrangements, we see that he did not.
There is a document with certain financial principles of the project that pl’s office sent out to the buyers five days before def signed his contract. Def claimed to have never seen the letter nor taken part in meetings of the buyers with ins, and pl is not able to dispute this. While pl was negligent in not attaching this document to the contract which was signed soon thereafter, they did already publicly express their intention not to be bound by everything that was written in the contract (moda’a). From def’s perspective, by his own account, he did not complain about things that were not being done until soon before the final payment, and was not even aware of many of the things that he now claims were promised when he signed the contract. Generally one is not believed that he signed documents without knowing their contents (Shut Harashba VII:77). But in this case, the claim is for the benefit of the other side, and it shows that def relied upon pl. [Because of this and other factors,] we will rule based on compromise, and give def a reduction of a 1/3 on those things that are in the specifications but were not required of pl by ins.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
631 - What Determines the Builder’s Responsibility – part I
632 - What Determines the Builder’s Responsibility – part II
633 - A Loan or a Partnership? – part I
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
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Igrot Hare’aya – Letters of Rav Kook: – #220
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 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: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
