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Ruling: We end off with pl’s claim of unneeded expenses and def’s claim of statute of limitation.
Expenses: The source to obligate one who causes another to lay out expenses that turn out to be unnecessary is the following Rama (Choshen Mishpat 14:5, based on the Maharam Me’rutenberg). If one told his co-litigant to travel to a court for litigation and the former did not appear, he has to pay the latter’s expenses. The Maharam explains that the one who breaks his promise to come implies agreement to cover the consequences. If so, arguably, if he did not imply self-obligation, he would be exempt. However, the Netivot Hamishpat (200:13) reasons that the obligation is based on the rules of semi-direct damages. The Shut Harama (12) posits therefore that if the person who caused the damage was not at fault, he is not obligated.
In our case, while def did not premeditatedly renege on the deal, he cannot claim that it was beyond his control. Therefore, he is obligated to pay for the cost of the lawyer and the realtor. Regarding the sales tax, pl submitted proof that he paid the tax and claims that the authorities refused to return it despite the fact that the sale was nullified. Our understanding of the law is that the authorities must return the tax payment, and pl can appeal. Therefore, we will not obligate def for tax that was paid unless an appeal’s court rejects pl’s request of reimbursement.
Statute of limitations: This concept is against the halacha (see Ketubot 104a). It developed over the centuries out of interests that, according to the poskim, do not fit into the authority of dina d’malchuta, nor do the courts treat it as a regular right (e.g., the relevant litigant must claim it at the first opportunity). Only when a longstanding lack of claim is a likely sign of a falsely contrived claim should beit din prevent its advancement (Shulchan Aruch, CM 98:2).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
734 - P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
735 - Complaints about Contractor’s Work – part II
736 - P'ninat Mishpat: Complaints about Contractor’s Work – part II
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