Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Pl admits that there was serious talk of greatly compensating def for paying po, which had not been envisioned. However, their original agreement states that changes to the agreement must be in writing. While in practice, oral agreements were implemented, that does not invalidate the clause, and certainly not regarding such a big-ticket item as monitin. Also, pl did indeed compensate def in significant ways other than payment for monitin. Finally, def did end up signing an addendum to the agreement which again confirms the lack of right to demand monitin, and def did not reach the very high bar needed to demonstrate he signed an agreement without being aware of one of its clauses (see Shulchan Aruch, Choshen Mishpat 45:3).
We will apply an exception to the rule of following what was signed to the question of which addendum to accept. Based on the give-and-take between the sides. in addition to the statements of the sides in beit din, all indications are that def should have been sent the most updated addendum to sign. That agreement gave def a total of ten years to operate the store, as opposed to the eight years the signed version gave him. Therefore, pl’s demand of a penalty against def for not vacating the store is rejected, as def has the right to continue through Dec. 2024. If def will not vacate it then, the payment of $100 a day should be enforced because it is not overly exaggerated, and therefore it is a valid penalty clause.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
738 - Damages of Movers
739 - Conditions of the Leasing of a Community Supermarket
740 - Mutual Repairs Agreement – part I
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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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
