Fellow Weekly - Issue 101
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 201: Short Cut!
For years, Vivian Lehman longed to relocate from Kensington, NY to Jerusalem. As her life's dream slowly emerged into reality, Vivian signed on a first floor 100 meter apartment in a new development near Jaffa street, selling at $7,000 per square meter ($700,000 roughly 2,400,000 NIS). Though dealings with the contractor had been thorny and challenging, she continually kept her eyes on the prize. While 60% of the payments to the contractor had been already forwarded, by now, hidden charges came as no surprise.
Her interior decorator worked hard on maximizing the available space; designing state-of -the art furnishings for each room.
As construction of the apartment neared the end , Vivian visited Israel to examine her new home. Entering the living room (salon), she measured its dimensions and worked hard not to lose her temper. The living room and kitchen were each a meter and a half too small and there was no way to reconfigure the rooms.
Arguments between the contractor and Vivian escalated. The contractor offered her a $21,000 refund (cost of 3 meters) but Vivian was unappeased.
What can Vivian do?
If Vivian was to demand "out", what are her financial responsibilities towards her interior decorator?
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 # 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...!"
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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.
Avi's sale is invalid. (See detailed explanation). Weinstein does not owe Berger anything. |
Detailed Explanation
Apricot Pits and Hollywood implicates the following two laws
1. The business transactions of a child under the jurisdiction of a legal guardian are invalid without the consent of the legal guardian. (The business transactions of a child (who understands commerce) lacking an adult legal guardian; involving property other than real estate are valid) [Choshen Mishpat 235: 1,2 ].
2. The prohibition of overcharging applies to sales not exchanges. A transaction is deemed a sale when the parties are interested in the value of the articles. A transaction is deemed an exchange when the parties are uninterested in the particular values of the articles [Aruch Hashulchan Choshen Mishpat 227: 21].
Application
Apricot Pits
Although ten year old Avi understood the laws of commerce, his sale was invalid as his parents, his legal guardians objected to the sale. If however, Avi's legal guardians would have sanctioned his transaction, his sale would have been valid and subject to the laws of overcharging. In ascertaining the fair market value of the bicycle, the school children are able to create their own fair market value and currency irrespective of the fair market value "in the street".
Hollywood
The two friends agreed to swap apartments and were initially uninterested in the particular values of the respective arrangements. They affected an exchange rather than a sale/rental and their transaction is not subject to the limitations imposed by the laws of overcharging.
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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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