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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 (829)
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
