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Ruling: We have seen that def’s apparent theft of money from the safe activates pl’s ability to dissolve the partnership and get his money back.
Another reason to activate par. 6.7 – Def took money from the joint account and put it in his own account. We reject def’s claim that this was fine because he used that money for the company, because pl had no access to the account, which is illegitimate for a full partnership.
Claim for compensation for expenses of raising money: Beit din rejects pl’s claim because pl did not directly lose money on the partnership, as he is receiving the money invested back. Had it not been for their agreement, def would have had to return the money he improperly took and the partnership would continue. The agreement that calls for return of his investment does not provide for the return of money spent on joining the partnership, which is therefore unwarranted. The alternate claim of receiving 40% of the profits during the partnership is also rejected. The provision that pl decided on is to retroactively undo the partnership, and according to this, he does not deserve profits during his involvement.
Legal expenses: The contract states that whoever wins adjudication between them will be entitled to compensation for legal expenses, and this applies to pl. Regarding the amount, beit din requested of the two sides to detail legal expenditure. Since the two sides presented similar numbers (upward of 40,000 NIS), pl’s number is acceptable.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
833 - P'ninat Mishpat: Undoing a Problematic Partnership – part II
834 - P'ninat Mishpat: Undoing a Problematic Partnership – part III
835 - P'ninat Mishpat: Tuition Payment after Withdrawing Student
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Beit Din Eretz Hemda - Gazit
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 Payments after a Gradual End of Employment
(Based on ruling 82024 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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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