Yeshiva
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Ruling: Pl presented a coherent account of the facts and their thinking along the way. Def contradicted themselves and gave illogical answers to many basic questions. Among def’s difficult positions was that the price estimates were highly inaccurate, and, in any case, they never presented a coherent explanation as to how their work could have been worth more than the 250,000 NIS pl had already paid.
Also, before a contractor stops work for periods that will cause them to grossly miss critical deadlines in a manner that will damage their client, they must warn the client and work diligently on dispute resolution. For most of the summer, they did none of this, but just made excuses. Def claimed that they could not continue moving forward because of negative experience with pl’s payments on a previous job. However, they could not corroborate this, and this concern did not find expression in the agreed upon payment terms discussed before work began. Finally, pl presented a recording of a phone conversation in which def said he would proceed if he had money to do so, which he did not have. Pl castigated def for taking their money to use on other projects. Def is heard choking up in silence for a minute, and when pl said he was forced to replace def, def answered "100%."
Pl is correct that def took too much money and demanded even more in order to try to be solvent. This is a morally difficult but hard-to-avoid situation for one with a failing business and does not reflect def’s desire to cheat pl. However, pl was clearly right, and def is responsible for all of the direct and some indirect damage to pl. We will quantify this with the help of an expert def will pay for.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
678 - Was the Garden Included?
679 - Why Did they Stop Working?
680 - Car Accident – part I
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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 Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
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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
