YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: If it were plausible to read the contract as not allowing for refund in this case, then we would employ the rule that "one who needs the contract has the lower hand" (Shulchan Aruch, Choshen Mishpat 54:5) to say that since pl is trying to use the clause to extract money from def, they cannot do so. However, in this case, it is implausible. The contract states that the minimum number of people at the Shabbat is 80, and the event was described as an SSB. Since more than 50 people could not gather and since the wedding was postponed, the event as ordered is impossible. Therefore, pl have a contractual right to a refund.
While pl agreed to settle for a credit rather than a return of money, there is no indication that pl agreed to the strict conditions def imposed on the refund. Since the two have not agreed on an event that is acceptable to both, that proposal does not erase the right to the refund.
It is still a question whether def can take off for expenses he incurred in providing for pl’s event. If def is seen as working for pl, then he deserves to be paid for the expenses he incurred on pl’s behalf (Rama, CM 91:3). If, though, def was in effect selling food and services, then the expenses he incurred were his own, and this seems the stronger way of viewing the matter. Also, def was asked to provide receipts and detailed claims over what he spent the claimed money on, and what he produced was very unconvincing. Also, pl cancelled a week before the SSB, and although def claimed he cooked a tremendous amount in advance and froze it, this is strange for a high-level caterer to do for a small event. Finally, the videos of def’s feeding the soldiers show him barbequing on the spot, i.e, it wasn’t cooked previously. Therefore, the great majority of def’s defenses were rejected and he had to return almost all of the down payment.
P'ninat Mishpat (827)
Beit Din Eretz Hemda - Gazit
823 - P'ninat Mishpat: Return of Down Payment Due to War – part II
824 - P'ninat Mishpat: Return of Down Payment Due to War – part III
825 - P'ninat Mishpat: Smoking Rights in a Rental? – part I
Load More
Beit Din Eretz Hemda - Gazit
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 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 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 P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
