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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 (832)
Beit Din Eretz Hemda - Gazit
731 - Problems Arising from the Sale of Stores in New Project
732 - Responsibility for a Replaced Water Heating System
733 - Compensation for Transfer of Business to One Partner – part I
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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
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Rabbis in Midrash
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