YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: It was a wise practical move by beit din’s expert to use the pricing from a previous stage of work for new but very similar work. It helps reduce dispute and fees of the expert, and it is fair as long as the expert makes adjustments to deal with the differences. Therefore, in this regard, we reject the appeal on beit din’s ruling that relied on it.
Despite def’s claims, he did not bring corroborative evidence that the second installation of lights was not according to specifications. In order to win an appeal, one has to bring proof, of which def brought none. Even if the second job was missing some elements, since the second job provided more value than was originally called for, def cannot benefit from the work and not pay for it. If def believes he has proof that the first installment was faulty and caused damage, he can open a new claim.
Even if def is correct that several lights are flickering, he cannot receive a reduction on the amount due for that. Pl is correct that since more time has gone by than the period of guarantee, flickering at this point is no longer pl’s responsibility.
The complaints against the expert, who was hired with the approval of both sides, are to be rejected. True, if the expert would have seen the lighting fixtures in person, instead of seeing pictures of them and specifications, it might have been preferable. However, the circumstances made it difficult. Since def knew the expert would not do so and he did not object when it would have been appropriate, he cannot raise an objection now.
In summary, all of the complaints of the appeal are rejected, and the ruling stands.
P'ninat Mishpat (827)
Beit Din Eretz Hemda - Gazit
831 - P'ninat Mishpat: Smoking Rights in a Rental? – part III
832 - P'ninat Mishpat: Problematic Lights?
833 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 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.