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Ruling: With the features pl included, the system could have operated safely had pl used it differently. Therefore, pl cannot nullify the sale based on mekach taut. In fact, it can still be used with replacements and repairs. Def cannot be blamed for the damages, as he installed the system properly and did not give the directions to detach parts of it during the summer break.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
705 - Problems Arising from the Sale of Stores in New Project
706 - Responsibility for a Replaced Water Heating System
707 - Compensation for Transfer of Business to One Partner – part I
Load More
Halacha discusses various factors that determine when a professional who gives bad advice that causes loss of money is obligated (see Bava Kama 99b): One with high-level expertise has reason to be exempt. One who is paid is more likely to be obligated. While def is an expert on some level, he admitted to not having much experience with systems of this magnitude. A third factor is whether the professional knew that the client was relying upon him. (ibid. 100a). The Rif (ad loc.) says that he is obligated only if the reliance was explicit, and the Shulchan Aruch accepts this opinion. Tosafot say that implicit reliance suffices, and some Acharonim rule that way. In our case, while it was not explicit, the reliance was very clear from the interactions, as def continued to be connected as they were getting the new system. Therefore, all should agree that def is obligated.
Getting the new system made the old system useless, wasting the latter’s value, which is 173,000 NIS minus the devaluation that already existed without def’s fault (29,000 NIS). Therefore, the payment due is 144,000 NIS.
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
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
Igrot Hare’aya Connecting Disciplines in Torah Study
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 II
based on ruling 80082 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)
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
