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Fellow Weekly - Issue 100
WHAT'S THE LAW ™
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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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CASE 200: Apricot Pits & Hollywood!
Apricot Pits! Adjuim! or apricot pits. Leave it to Israeli kids! Adjuim means clout, prestige, popularity, and buying power. The kid with the most adjuim in class has climbed the ladder of material success.
"Avi, where are you taking your new bike? Come on sweety! Mommy is serving supper in ten minutes. "Dad, don't you worry. I'll be back in time."
Ten year old Avi stormed in to the kitchen in time for supper and with a broad smile from ear to ear. He threw down on the table a large shopping bag filled with 10,000 adjuim! "I made it! Alon offered me ten thousand adjuim for my new bike!"
An irate Dad reached for the phone to call Alon's Mom and demand a swap reversal!
What's the Law?
North Hollywood! A quarter of a century passed swiftly since the eighth grade Torah Academy valedictorians took the stage together in June 1986. Once best of friends, Jonathan and Mark charted their own paths and sadly parted ways. Yet, the childhood memories of trivia baseball, tackle football, stamp collections, and fresh lemonade stands on the corner of North Ardmore and Broad St. left indelible impressions within the recesses of their impressionable minds.
June 2011. Dr. Berger and Rabbi Weinstein reconnected on Linkedin. Dr. Berger, now a neonatologist and community activist fathered three teenage girls on a sprawling estate in North Hollywood. Rabbi Weinstein taught Torah in Israel to American post high school boys; raising his charming family of ten on Humus and Pita in a rented two bedroom Jerusalem apartment. Their porch offered a breathtaking view of the rolling Judean hills.
Rabbi Weinstein sent a message to Dr. Berger that he planned on spending July in California running an outreach program and was looking forward to reconnecting in person. Dr. Berger responded that he was very touched by the idea, but intended on spending July in Israel. "Hey, let's swap homes for the month," sent Dr. Berger . "It's a deal," responded Rabbi Weinstein.
July 2011 While the Dr. sat on the porch enjoying the breathtaking view and benefitting from the proximity to the best of religious sites, Mrs. Berger had a few gripes about the arrangements.
The water pressure was low. She had to turn on the water heater while her husband showered to ensure there was enough hot water for her. She missed her Jacuzzi. The washing machine took two hours per a six liter load. So frustrated, she decided to send her laundry out to be cleaned. The whitewashed walls needed a desperate paint job. There was no island in the middle of the kitchen. Instead, she had to cut her vegetables on the shaky kitchen table. There was no rocking chair or electric massage recliner. She missed her dishwashers. It was a four flight walk-up...and the local grocery only sold milk in a bag.
"Mark! We could have done better. The swap was just unfare. I know that we're in Israel and he was your childhood friend and I'm not going to ask him to pay us. But, he owes us one...!
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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Case # 199: Junk Jack or Steinway!
"Good Morning Honey. Happy retirement! After a month of celebrating, it's time to roll up your sleeves. I've been meaning to ask you for almost a decade to please clean out our storage garage. Things have been piling up for thirty some odd years and its clearance time today! Your breakfast eggs will be ready - to your liking, after you contact a scrap collector. "
Bernie Stein of Ackerman Rd. in Saddle River, NJ obediently searched on-line for a local scrap collector. Junk Jack offered to come down for fifty dollars, clear out the garage, leave it spotless, and keep the junk, hoping to pawn off as much scrap as he could.
Bernie Stein's neighbor Nancy Neuberger observed with much interest as Junk Jack began hauling out a dilapidated Steinway piano. With a passion for music, Nancy googled "piano restoration" and "Steinway Pianos" on her blackberry.
Based upon her initial research, considering the piano was a Victorian style Model: L Size: 4'5 built in: 1923, it seemed to her that after restoration costs of $5000, the piano would be worth $25,000.
She surmised that Junk Jack was clueless as to the potential value of the piano and offered him $350 cash for the piano - to which Junk Jack pushed her up to $450.
That afternoon, Lindberg Restorations showed up to Ackerman Rd., looked over the Piano's Action, Keybed, Pedal Systems, Soundboard, Strings, Pinblock, Harp and Cabinet found an envelope inside with $1000 cash and told Nancy that the piece was so damaged that for all intents and purposes, they would need to construct a new piano and her $450 outlay was an investment spent poorly.
Nancy contacted Junk Jack and demanded her $450 returned. Junk Jack responded
"It's a done deal Madam. You took a chance, but I'll take the envelope".
1. May Nancy rescind on the deal?
2. Who gets the envelope, The Stein's, Junk Jack, Nancy, or Lindberg Restorations.
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What's 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.
Nancy may not rescind on the deal. Lindberg Restorations keeps the envelope (see detailed explanation). |
Detailed Explanation
Junk Jack and Steinway implicates the following four laws.
1. Just as a seller may not deceivingly overcharge a buyer; a buyer may not cunningly underpay a seller [Choshen Mishpat 227: 1 ].
2. An integral factor in effecting a legal acquisition is that the "acquirer" needs to either know about the article or will presumably find out about it. Conversely, the "acquirer" does not assume ownership on articles that he/she will presumably never discover [Choshen Mishpat 232: 18 Rema, Choshen Mishpat 268: 3].
3. A finder may keep his/her find when finding a lost article after the loser despaired from retrieving it [Choshen Mishpat 259].
4. When purchasing articles at auctions, flee markets or similar settings where the buyer assumes a calculated risk that the merchandise is faulty, the buyer cannot demand a sale reversal upon discovery of its defects [Rashdam Respona 379].
Application
The Steinway
Nancy figured she could make a killing on the Steinway. She knew that if Junk Jack knew is potential, he would never agree to sell it for $450. Nancy unethically intended on ripping Junk Jack off. In the end she was unsuccessful.
In buying junk from a scrap collector as opposed to a standard merchant,, there is always a calculated risk involved that the merchandise might never work; especially when Nancy knew that it was in need of maintanence before it could work. Thus, she has no recourse claim against Junk Jack.
The Envelope
Even if the envelope had belonged to the Stein's and not someone else, the owner had long forgotton about it and despaired from ever retrieving it. While emotinaly detachment from articles within one's property (in the form of despair from retrieval) does not affect a loss of ownership thereof, it does permit others to assume ownership thereof after the article leaves the jurisdiction of the loser. Thus, the initial owner loses the right to claim it back from the "finder". In terms of Junk Jack and Nancy: it was highly improbable for either of them to have ever found the enevelope. Thus, when both Junck Jack and Nancy purchased the Steinway, they did not assume ownership over the envelope.
Consequently, the envelope belongs to Lindeberg the finder. If it is evident that Stein was the initial owner, it would be proper but not obligatory to return the money to them.ultimately dealt directly with their landlord.
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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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