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Ruling: Def compared the giving of the car to him after someone else signed for it to the halachic cases of a watchman who gave to another. That discussion is irrelevant because it relates to the first watchman’s obligation to the owner, whereas our dispute is between the two watchmen. Also, the leasing agreement foresees the company entrusting the car to any of the employer’s workers (and family members) and so the same relationship applies to all users. The fact that the car company may approach the one who signed for the company does not mean that only he is obligated but that even he is obligated in addition to the company. Therefore, if there was negligence on the part of the driver in a manner that the damage is not covered by insurance (as is the case here based on industry regulation when one leaves keys in the ignition), pl was required to pay. Based on what we have seen above, then, def must compensate pl.
As pl cited, Rav Blass (Techumin XIII) supports in many cases the obligation of the damager to return the situation to what it was before rather than to pay depreciation. However, while that might make it necessary for def to facilitate the acquisition of a computer and phone, that does not mean they need to be new ones if old ones were stolen. Although the Erech Shay (CM 386) says that when a damaged item has no market value, the damager has to pay for the subjective damage it caused the owner. Here, since pl has the opportunity to buy used replacements, like the ones that were stolen, def has to pay only the value of used merchandise. We give the sides ten days to come to agreement for the appropriate compensation for the computer and phone, which will be added to the 20,000 NIS due on the car.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
657 - A Worker Paying for a Stolen Car – part II
658 - A Worker Paying for a Stolen Car – part III
659 - Reservation of an I-pad Game – part I
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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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
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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)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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)
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)
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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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