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Ruling: Since the document that the sides signed states that all other agreements are void, even if the unsigned one could have been relevant, it is not consequential. Actually, though, even the clause in the unsigned document only absolves def from payment if they try and do not succeed to sell their rights to a third party.
Regarding grounds for a refund, the fact that def1 has not succeeded in years to transfer ownership to pl is not grounds for breach of contract. The nature of this niche of property acquisition in Yehuda and Shomron is arduous and speculative, and pl did not prove that def1 did not go about it seriously. Regarding comp2’s rights to the land, it is true that def was unable to provide strong evidence, but they did provide some indications, and it is possible that according to Jordanian law, which applies here, it may suffice. Therefore, pl has not proven a mekach ta’ut (erroneous purchase) based on this alone.
However, what is sufficiently indicative of mekach ta’ut is that def1 was requested and warned several times to substantiate his claim of a share in comp2 and did not do so. The Rosh (Shut 107:6) rules that a litigant’s failure to provide information beit din seeks when he is presumed to have it is a strong indication that his claim is contradicted by what he is withholding. The claim of a close relationship between def2 and the owner of comp2 was not proven. Even if it were, a buyer should not be expected to rely on such trust between his seller and the possible owner of rights. Thus, there are multiple reasons to consider the purchase a mekach ta’ut.
We continue with more next time.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
833 - P'ninat Mishpat: Problematic Lights?
834 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
835 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
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Beit Din Eretz Hemda - Gazit
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
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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.
