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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 (832)
Beit Din Eretz Hemda - Gazit
717 - Was the Garden Included?
718 - Why Did they Stop Working?
719 - Car Accident – part I
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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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)
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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
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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Parshat Eikev
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