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Ruling: The claim of learning from the Gush Dan offer breaks into two: 1. It can be a waiver of early payment. 2. Since it is a departure (at least based on location) from the original agreement, it causes a reset of the whole agreement.
We see that as soon as the Gush Dan idea fell through, pl sent email demands about the money due. Apparently, pl saw the Gush Dan possibility as a different situation – a branch that already existed, making it easier to give over and more important to keep. When the franchisee there decided to stay, pl went back to the original deal with def. Regarding def’s lawyer’s ultimatum, changes in the agreement cannot be made unilaterally, even more so since the agreement states that any changes must be done in writing with the sides’ signatures. Therefore, according to the majority, def have to pay for breach of contract.
According to the minority opinion, while formally def breached the contract, from the record of the communication between them, it is apparent that the delay of payment was not the reason for pl’s retreating from the deal. On can infer from the contract, that it is only when the breach of contract was the cause of the undoing of the agreement, that the significant penalty is called for. According to the majority, the lack of payment did indeed set into motion the dynamics through which the agreement ended.
What remains to be determined is whether the full penalty amount found in the contract is to be applied, and, if not, how much should def pay.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
684 - Me’ein Sheva at a Rotating Venue
685 - Who Breached the Contract? part 3
686 - Who Breached the Contract? – part IV
Load More
Beit Din Eretz Hemda - Gazit
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Igrot Hare’aya – Letters of Rav Kook #103 – part II
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)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 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
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based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
