Fellow Weekly - Issue 85
 

WHAT'S THE LAW

 

Welcome to Fellow Weekly's

WHAT'S THE LAW?
Encouraging intelligent and entertaining debate at your Shabbat table.
 
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.

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Practical Choshen Mishpat Halacha: Case Studies Curricula for High Schools

 

 

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CASE 185: Okemo Mt. Down and Out!  

 

After enjoying a peaceful drive up I 87, from NYC; Aaron and Emmy Adler unloaded their belongings out of their blue SUV, and comfortably settled down in their spacious lodgings in Ludlow ,Vermont. For Emmy a young city girl, the five hour journey and picturesque excursion was a most spectacular experience. The rolling evergreen hills beneath the majestic snowcapped mountain peaks affected a breathtaking imagery bespeaking a glorious creation.

The Whitmans, good friends of Aaron's parents , owned The Blue House, Mills St. vacation home nearby the Okemo Ski Resort and were simply overjoyed to lend the newlyweds their quarters for the young couple to celebrate together the beginning of their marriage.

Lying on the dining room table were two free wonder passes for their use as well. Prior to each season, the Whitmans would purchase these wonder passes which offered them unlimited entries to the various local attractions. Aaron was expected to return them to their place after using them.

In the middle of the frigid cold night, Emmy woke up and heard running water in one of the washrooms. Concerned about Whitman's water bill, she nobly turned off the faucet.

A fun filled day packed with alpine skiing, snowboarding, and dog sledding, ended off with some piping hot chocolate near the fireplace on Mills St.

Aaron and Emmy readied to retire for the night when all went bleak. Emptying his shirt pockets, his face turned white. The passes... Had they fallen out of his pocket?

Holding in her frustration, Emmy walked to the washroom, then started to shriek. "Aaron, look, there's a leak, there's a leak." Aaron ran over to the washroom, followed Emmy's finger... "Emmy, I think the pipes froze over..." "You mean, that's why the water was running last night?" Emmy whispered sheepishly to Aaron.

 

Need Aaron and Emmy purchase new passes for the Whitmans?

Are Aaron and Emmy liable for the burst pipe ?

 

(Consider Choshen Mishpat 301) 

What is the law?

Please email us with your comments and answers at weekly@projectfellow.org.
Read next week's issue for the answer!

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LAST WEEK'S CASE

 

CASE 184: Cash and Carry: Of Pearls and Platinum

 

Mark and Molly Miller's wedding in Madison Wisconsin was truly a memorable experience.  Both bride and groom were hardworking and selfless community activists and the broad array of wedding guests were overjoyed to have an opportunity to express their gratitude towards Mark and Molly for all that they did for the Community. Aside from infusing the wedding atmosphere with  electrifying energy,  sensation and joy, many showered the new couple with generous and meaningful monetary gifts.

 

On Monday night, after the festivities, the new couple took up temporary residence in a comfortable bride and groom apartment in Sherwood Hills, overlooking Lake Mendota. The beautiful parks, calming waters and breathtaking view provided Mark and Molly a special setting with which to commence their married life. 

 

Settling in to the apartment, Mark unloaded his pockets and placed part of his newly amassed fortune in the night table drawer near his bed. Molly did the same with some jewelry, including a platinum brooch she borrowed from her girlfriend Gail and a rented pearl headpiece.

 

The next morning, as Mark and Molly were eating breakfast, the phone rang. Leo the landlord requested permission to enter the apartment and remove a bookcase he had kept in storage. Mark and Molly agreed.

 

That evening, the couple returned from a boating expedition and were horrified at what waited for them at home. Their fortune was gone! Their investigation revealed that, Leo had given the keys to the movers who took advantage of the empty setting and filled their pockets with cash and jewelry on the way out.

 


Who pays for the brooch?

Who pays for the headpiece?

Must Leo reimburse Mark for the cash loss?

 

What is the law?

 

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The Answer

We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.

The Millers are liable to compensate the owners of the brooch and headpiece. Leo is only liable to compensate the Millers for the cash, brooch and headpiece if he allowed known crooks into the house unattended. Ih Leo could have assumed they were trustworthy he is absolved.

 

 

Detailed Explanation

 

 Cash and Carry!, implicates the following five  laws:

 

            1. A renter pays for usage rights: hence is liable for theft or loss [Choshen Mishpat 307: 1]

 

 

             2.  A borrower may use the article at no cost: hence assumes the highest degree of accountability and is liable even for accidental occurrences [Choshen Mishpat 340:1]. 

 

 

See Issue 80 for the T.L.C. {Trustee Liability Chart}

 

  3. Permitting non-household members and unauthorized personnel entry to the location where the trust is stored is negligence. As such, if the trust is found to have been stolen after the trustee permitted entry into the locale within which he/she stored the trust; even an unpaid trustee would be liable to compensate the owner [Choshen Mishpat 291: 21 Rema].

 

4. A borrower, and paid trustee (and renter) must be extra vigilant when initiating directives which could adversely affect the trust

    Consider the following scenario:

  A paid B to safeguard his hops. B had a pile of his own hops as well.
 

B orders his apprentice to pour his hops into the beer without defining from which pile he should  take. Apprentice inadvertently poured A's hops into the beer. B should have specifically defined from which pile the apprentice should take; hence, is liable to reimburse A for the hops [Choshen Mishpat 291: 25].

 

 

5. One is liable for directing a confirmed thief or informer to another's assets  [Choshen Mishpat 388]

 

Application

 

 

The Millers functioned as renters and borrowers; renters on the headpiece and borrowers on the brooch.  A borrower is liable for theft even if he or she could not have prevented it. A renter is liable for theft  if he or she could have prevented it

Moreover, as a trustee, they are required to ensure that no personnel unauthorized by the owners of the article enter the area unsupervised which they failed to do. 

Even if one were to argue that they would not have imagined the landlord to show up when they were gone, as a paid trustee and a borrower, they are required to leave clear instructions for the landlord that he may not bring in his workers while they are not present, which they failed to do.

Consequently, the Millers would be liable to reimburse the owners of the brooch and headpiece for the loss.

They would be able to hold the landlord liable to reimburse them for the loss of money as well as the costs of the brooch and headpiece only if the landlord should have known that his workers were crooks.

[Certainly, the thieves themselves are required to return the stolen goods]

 

 Answered by: The Fellow - Yesharim Research Center

 

 

 

 

 

 

 

 

 

 

 

 

 

Note:
 
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.

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