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Ruling: In a previous ruling, we analyzed similar no-refund clauses. If taken literally, the business could do no work and still not have to refund, and this cannot be, even if the payment is described as a registration fee. If the service was reasonable, then even if the results were not great or the client’s interest changed, then the clause is reasonable.
The unsubstantiated claims that pl, an articulate, retired professional did not read the one-page contract or could be pressured into signing such an agreement are not to be taken seriously. Such an approach would raise questions about virtually any agreement (see Dr. Shilem Warhaftig, Dinei Chozim, p. 16-)! Even if there were some form of "coercion," in many parallel cases this would not be grounds to nullify an agreement made with knowledge (see Bava Batra 47b).
We thus must take a look at the service provided in each case. Regarding the son, it appears that they got off to a relatively good start with ideas. Although the effort seemed to have waned with the beginning of the Corona pandemic, def agreed happily to continue their efforts. Therefore, pl is not entitled to a refund regarding her son, unless, in the coming nine months, def does not do a reasonable job.
Regarding suggestions for pl, the two sides do not differ very much regarding the facts, and it does not seem that they advanced any ideas that would have been feasible. Therefore, we allow pl to cancel her agreement, just that def can keep 2,000 NIS for the work they put into the matter until now. The rest, though, def must return.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
645 - Where Could the Investment Money Go? – part II
646 - Effective Matchmaking?
647 - Making Up for Unpaid Employment Benefits – part I
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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 Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 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: Smoking Rights in a Rental? – part III
based on ruling 85076 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
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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.
