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Ruling: It is apparent from the written contract that the mechanism of payment by hour continues past the ten hours. Neither side claims that the other side lied or purposely misled the other. However, even if def thought that the initial stage would not take much longer than ten hours and that they would then negotiate, they are bound to the written words they signed. We apply the rule that regarding monetary agreements, matters one had in his heart are not consequential (Shulchan Aruch, Choshen Mishpat 207:4). The logic to extend this even to a case where the one obligating himself actually misunderstood is either that we assume mechila to go along with that which he unintentionally agreed to or that a person is responsible for what he should have known (see Chok L’Yisrael, Pegamim B’chozeh, p. 118-119).
All agree that def let it be known that they asked at some point to change the pricing system; the sides disagree about whether pl acquiesced orally. However, def agree that there was not a new agreement in place, and so since def continued to employ pl, it is based on the old agreement (see Aruch Hashulchan, CM 333:30). If def were not willing to continue according to the existing agreement until changed, they should have stopped pl’s work. In fact, they did so did only months later.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
701 - Do Good Wishes End a Rental?
702 - Limiting Exorbitant Lawyer’s Fees – part I
703 - Limiting Exorbitant Lawyer’s Fees – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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)
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(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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