Yeshiva
Beit Midrash
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- P'ninat Mishpat
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 (835)
Beit Din Eretz Hemda - Gazit
623 - A Check Passing from Hand to Hand
624 - Can They Change Agreements in the Middle?
625 - Compensation for Questionable Firing
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Beit Din Eretz Hemda - Gazit
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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based on ruling 85013 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
