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Ruling: [Last time we saw that pl did not have the right to get a refund from def because of the refund conditions that she agreed to and because she was not prevented from taking part in the trip.]
We do not find that def obligated himself to secure a refund for pl. He acted beyond the call of duty by working to try to return money for def. The initial efforts did not become binding to follow through with returning more than the agreement between the two of them obligated him. Additionally, it is clear from communications between the sides that pl was aware that she was rejecting def’s offer and taking an alternate path that was potentially damaging to pl, which also makes the offer meaningless at this point.
On the other hand, we must analyze how to view the money def received from ss. This is along the lines discussed in the Shulchan Aruch (Choshen Mishpat 183:6) of an agent who bought something on behalf of a buyer and received more than expected from the seller. Here too, the clients, including pl, paid money for services to ss, who, through def’s involvement, returned money that was not required. The Shulchan Aruch rules that if the price was set, the extra is split between the buyer and the agent, and if it is not set, all goes to the buyer. The Rama comments that if the seller explicitly said he gave it because of the agent, the agent receives the extra. Rashi (Ketubot 98b) explains that the reason to split the extra is because we are unsure because of to whom the seller gave it, thus explaining the Rama about the importance of the seller’s statement. The Rif explains that it is split because the agent was able to receive the money only because he had the buyer’s money to spend. So too here, def was able to receive the refund that corresponds to pl’s payment to ss only because of pl’s money, and therefore pl should receive half of it.
Therefore, def must pay pl $1,305.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
809 - P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part I
810 - P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part II
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