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Beit Midrash
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- P'ninat Mishpat
Ruling: [We will start with the minority opinion.]
In general, the written contract takes precedence over the albeit more reasonable claims of def that the funds pl received should be split. The advantage of the written contract is a basic principle (see Shulchan Aruch, Choshen Mishpat 68:2; ibid. 45:3), and it states that the money is to be given to pl. This is strengthened by the agreement between pl and mc2 that gives pl rights of compensation for relinquishing the right to be the mc.
On the other hand, despite the signatures of ob on an obligation to pay pl 24,000 NIS, we will not honor that ostensible obligation. First, it makes no sense that people who were by agreement and by plan being replaced on the project at such an early stage would have to pay a significant amount toward future management fees. All of the many ob who came testified in a manner that convincingly demonstrated their shock that they were being sued for 24,000 NIS. (The fact that def agreed to pay in their place if they were obligated increases their credibility.) Def explained that there was a need for false documentation that equated between ob and nb, in order that the tender not be rescinded, and this is logical considering the legal steps taken city-wide.
Although we do not know the exact background for the partial payments and receipts between pl and def, the fact that pl received receipts and used them to receive serious tax reductions is the equivalent of a kinyan to obligate pl to def for the amounts of the receipts. Therefore, pl must complete the 400,000 NIS payment. On the other hand, this does not exempt def from giving 25% of the funds he collected to pl based on the previous agreement, which def admits is functional.
P'ninat Mishpat (825)
Beit Din Eretz Hemda - Gazit
837 - P'ninat Mishpat: Tuition Payment after Withdrawing Student
838 - P'ninat Mishpat: To Whom Do the Payments Go? – part I
839 - P'NINAT MISHPAT: TO WHOM DO THE PAYMENTS GO? – PART II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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
Rabbis in Midrash
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