Lip Liability invokes the following laws:

 

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Gossip

 

1. Barring unforeseen/incontrollable circumstances, if A canceled a verbal employment engagement after B turned down alternative work, A is liable to pay B for his/her loss.

 

2. However, if A cancelled before B began working or travelling to work, A is not required to pay for B's dashed expectations.

 

For example: If 1) B did not turn down alternative employment and 2) did not lose the opportunity to seek out alternative work, A is not required to compensate [Choshen Mishpat 333:2, 334:1].

 

 Application:

 

R. Berger had the right to hire the R. Adler and it is as though the principal hired him. As such, if the substitute turned down employment as a result of the responsible party's verbal commitment, and can no longer find alternative employment, the principal must pay for the week of wages the substitute turned down.

 

The principal is absolved though, from compensating the substitute for the wages for the second week,which amount to no more than dashed expectations. ◆

 

 Verbal Abuse

 

3. One who physically harms his/her fellow must pay for damages and medical expenses incurred amongst other charges [Choshen Mishpat 420: 3, 13].

 

 4. Intentional damage requires the aggressor to compensate the victim for the embarrassment suffered as well [Choshen Mishpat 420: 3, Sm"a ibid. 44, Choshen Mishpat 421: 1].

 

 5. The authority to enforce the numerous charges depends upon the rank of the particular Beit Din. See Choshen Mishpat §1 for detailed discussion.

 

 6. In lieu of medical expenses, even a lower ranking Beit Din retains the authority to compel the aggressor to appease the victim financially compensate him/her in accordance with their evaluation [Choshen Mishpat §1:2 Rema].

 

 7. Verbally abusing a victim who is unable to protect him/herself [See Choshen Mishpat 420:32] from becoming emotionally scarred whereby resulting in the victim's compromised productivity is viewed in the eyes of Dayanim as a clear present and visible damage for which the aggressor should pay.

 

8. The medical expenses would be the cost of therapy.

 

Application:

 

As Aviva was unable to protect herself from the verbal abuse to which her sister subjected her, Aviva's sister is required to pay for her therapy. ◆

 

Dayan Chaim Kohn,

 Dayan K'hal Adath Jeshurn NYC,

Gerrer Shtiebel Flatbush,

Dean of Business Halacha Institute