|
Fellow Weekly - Issue 92
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. |
|
To join this mailing list, please click here
or send an email to weekly@projectfellow.org with the word subscribe in the subject line
CLICK HERE FOR THIS ISSUE'S PDF
Project Fellow wishes all of Jewry a Happy and Kosher Passover.
We thank you for following us in the past and hope to "enjoy each other's company" for many years to come.
Project Fellow in conjunction with Torah Umesorah is on the brink of releasing the first of a series of state-of-the-art Textbooks.
Please consider dedicating a page or a unit in honor or memory of a loved one.
Project Fellow can continue to produce ethics awareness materials; and subsists on private donations from followers like you.
Click HERE to Donate to PROJECT FELLOW TODAY!
Together...for a better world
|
|
CASE 192: The Baffled Teacher!
Experienta Docet! (Experience teaches! )
As the eagerly awaited Passover season was rapidly arriving, students and teachers alike, seemed to have been counting down the hours towards liberation. The finale of the wait was topped with a virtual mini-course in janitorial skills, as the student body and teachers staff avidly cleaned through their cubbies, lockers, and desks.
Going through her desk drawers, Mrs. Linda Gold, the highly acclaimed A-Track sixth grade boys Latin roots teacher was confronted with confiscated symbolisms of her annus mirabulis (wonderful year) .
A ping pong racket, a water blaster, a car magazine, a heavy duty flashlight, a megaphone, a GPS, a hardball, some darts, a blackberry, some rather dangerous vestiges of the beginnings of an armamentarium (arsenal), and - an unfamiliar bottle of lighter fluid apparently confiscated by Mrs. Perns, her beloved substitute.
1. Is a teacher permitted to temporarily confiscate tools of obstructions to the classroom?
2. Is a teacher permitted to confiscate tools of obstructions ad infinitum?
3. Is there a difference between a regular teacher and a substitute?
4. What should they do with dangerous substances?
What is the law?
Please email us with your comments and answers at weekly@projectfellow.org.
Read next week's issue for the answer!
|
|
Last Week's Case
Case # 190 The Baffled Babysitter XI: Swallowed Shoelace
Scrubbing, dusting, washing, and vacuuming. Stop drop roll! With the upbeat festive music playing in the background, the Green household joyfully and systematically cleansed and readied their home for the upcoming Passover holiday. It appeared as though the children had rehearsed their roles for years. And as for Mom...her sheer excitement was infectious. "Passover cleaning avails us quality family bonding time, as well as abilities to set small and big goals and feel accomplished," Mom was oft to say.
Mrs. Green even borrowed an additional vacuum cleaner, a Eureka SmartVac 4870MZ from her next neighbor, Shira Stein and asked Bracha the babysitter to vacuum the den. Bracha picked up the toys in sight and began her chore.
Five minutes later, Bracha heard an awful sound....and then the machine suddenly stopped. Vacuuming beneath the bookcases, the machine had swallowed a shoelace, three marbles and some broken shards of glass. A repair was due.
Who swallows the repair cost? Bracha , Mrs. Green or Mrs. Stein?
What is the law?
|
|
The Answer
We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.
If Sara is liable. For Ayala, see detailed explanation. |
|
Detailed Explanation
A Smashing Duet! implicates the following two laws.
1. An individual who is given permission to repair an article is absolved from accidental damages but liable for damages due to negligence [Machane Efraim 5]. 2. A person is liable for both intentional and unintentional damages, be it accidental or due to negligence, that he or she exacts on an article belonging to a third party. One is absolved from paying for unintentional-completely unexpected damages he or she causes [Choshen Mishpat 378:1, Sha"ch 2].
Application
Sara was given permission to handle the shelves. Assuming that Sara could have been a little more careful and the slippage was a negligence, she would be required to pay for the broken shelf.
While chasing the twins, Ayala fell over the cord and broke the shelf. Ayala could be absolved from having to pay if we can determine that she should not have expected the cord to be there and the circumstances created a situation which could be deemed a completely unexpected damage.
Answered by: The 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.
Together...for a better world
You can help build a better world. Just invite your friends and family to subscribe to
Fellow Weekly.
To join this mailing list, please click here
or send an email to weekly@projectfellow.org with the word subscribe in the subject line. | |
A project of
Yesharim Foundation for Ethical Law
105/21 Sanhedria Murchevet, Jerusalem
ISRAEL 02-581-6337
USA 845-335-5516 |
|
