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- P'ninat Mishpat
Ruling: One question is whether to trust the testing center or the manufacturer’s service center. Beit din received permission to ask a third, neutral expert to evaluate the findings. It resembled more closely the findings of the service center.
Based on these serious findings, which were unknown to pl at the time of purchase, there are grounds for bitul mekach if pl acted on them in a timely fashion(see Shulchan Aruch, Choshen Mishpat 232:6). This is the case here, as pl contacted def right away and after failing in his attempt to fix the problems, asked to return the car and get his money back. The fact that he continued using it, which usually undoes the possibility of bitul mekach, is not impactful here because pl did so only because def did not agree to return the money. The expert testimony said that it is highly likely that def experienced similar shaking before he sold it, but mekach ta’ut applies even when the seller was unaware (Rama, CM 232:18). Since the matter is not based on fault, it also does not make a difference that a testing center was involved. If the problem was based on things they had discovered, then pl would be deemed to have been mochel on them, but in fact, the serious problems were things that were not likely to be found with a computer-based check.
The expectation that def was aware of "symptoms" about which he did not inform pl is significant in that it makes def liable for the expenses that pl spent on trying to fix the car. This is coupled with the fact that def was uncooperative in the process of adjudication, which is also grounds for his being responsible for paying the cost of beit din and a small fee for mental anguish.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
762 - P'ninat Mishpat: Unpaid Fees of a No-Show to Beit Din
763 - P'ninat Mishpat: Used Car with a Faulty Motor
764 - P'ninat Mishpat: How Far Does a Lien Go?
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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 P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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
