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- P'ninat Mishpat
Ruling: Last time we saw that pl owned the pool but needed proof for his version of the profit sharing. We saw that the assumption is that def’s continued use of the pool after the decision to stop the partnership obligated him to pay.
P'ninat Mishpat (827)
Beit Din Eretz Hemda - Gazit
749 - Profits from Formerly Joint Swimming Pool.
750 - Profits from Formerly Joint Swimming Pool – part
751 - Profits from Formerly Joint Swimming Pool – part III
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Responsibility for damage to pool – Any damage based on the wear and tear of use is not def’s responsibility because he was allowed to use the pool. Regarding the fire, since def had already asked pl to take care of the sale and by that time was not using it, def was obligated only for negligence, which was not demonstrated (see Rama, Choshen Mishpat 120:2).
Expenses of the adjudication – According to the majority of dayanim, since def did not keep a calculation of how much profit there was to share and because he did not pay anything for years, until the adjudication, he improperly caused the need for adjudication and must therefore pay pl 4,000 NIS for it. According to one dayan, since during the adjudication, def cooperated reasonably, and he was required to pay based on it (see next time), it is not justified to make him pay extra for expenses.
The heart of the ruling, how to calculate the actual obligation, will be presented next time.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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: Problematic Lights?
based on appeal of ruling 84085 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 P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
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