Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [Last time we saw that def violated the agreement with pl and that pl did not relinquish their rights.]
Pl definitely has the right to get their principal back. While no profits were set, there are two mechanisms to justify def paying for use of pl’s money: 1. How much pl, who borrowed money from a bank to invest, would have gotten from his investment money with a simple investment, after the two years when he could have gotten the money from escrow. 2. The estimate of how much def benefited from using that money for his projects (see Chavat Da’at 168:14). It is difficult to determine how much the above comes to but we will estimate it, based on compromise, at 9%, which comes out to 18,000 NIS.
Def2 refuses to assume the obligations of def based on the rules of corporations. While this is generally correct, our arbitration agreement states that when a representative of a corporation acted in an irresponsible manner, which deserves personal liability, we can obligate him. In this case, def2 clearly misappropriated and endangered pl’s funds and therefore has personal liability. Since he is the sole owner of def, he has the means to pay himself back from def should he want.
Because of the inappropriate and elusive way that def2 acted in this matter, which forced pl to purse legal recourse, we obligate def/def2 10,000 NIS for pl’s legal fees.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
641 - Where Could the Investment Money Go?
642 - Where Could the Investment Money Go? – part II
643 - Effective Matchmaking?
Load More
Beit Din Eretz Hemda - Gazit
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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 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
Rabbis in Midrash
Lessons
fast navigation
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
