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Ruling: While def claimed that the agreement was one of renting their name and infrastructure, beit din views it as a franchise relationship. Since this is a common business relationship in our days, such agreements are binding based on convention (see Eretz Hemdah ruling 74070). The kinyan on this arrangement took effect no later than when def received the first down payment on pl’s behalf. This works even though the payment came from a third party, since the money was paid on pl’s behalf (see Shulchan Aruch, Choshen Mishpat 190:4).
Nevertheless, def had the right to back out of the deal due to mekach taut (agreement based on a false premise), as they were not aware that the certification was forged (due to the acute medical crisis, Spain lowered their certification demands, but only after the agreement was discarded). That situation opened all involved to serious liabilities. Such dangers are grounds for breaking agreements (see Shulchan Aruch, CM 196:36). Although this does not apply to flaws that the "buyer" can easily check out, there is no reason to think that def would know this in advance (pl did not know either).
Once def had the right to back out and did, it is no longer considered that def forced pl into the new agreement, rather the new situation did (see Shulchan Aruch, CM 205:12). Furthermore, it was pl who pursued a new agreement, and if pl wanted to (despite the perceived risk), they still had the opportunity to extend their arrangement with com B to this deal as well.
Therefore, pl is not entitled to the additional money that he would have received based on the first agreement.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
647 - A Check Passing from Hand to Hand
648 - Can They Change Agreements in the Middle?
649 - Compensation for Questionable Firing
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Beit Din Eretz Hemda - Gazit
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)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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.
