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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 (834)
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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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
