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Fellow Weekly - Issue 103
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.
Coming Soon! High School Business Ethics Textbook Vol. One
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CASE 203: Misfit!
The familial excitement knew no bounds. Mom and Alisa scurried to and fro, while the sisters and daughters-in-law shopped away. Alisa's long awaited wedding day was approaching fast and all were determined to outfit their families fittingly. Never mind that the anxiety, blamed on the myriad of purported ephemeral details often clouded the joy of the moment: the presentation had to be just so and no stones could be left unturned.
Rentals, dressmakers, store proprietors, and accessory salesmen all failed to fit the sister of the bride's fancy. Finally, three hours before pictures, as the anticipated moment rapidly approached, Rina found a beautiful outfit in a high end fashion store located downstairs of the luxurious hall. The proprietor told her that it fit perfectly, convincing her that it was made just for her.
Smiling from ear to ear, sporting her new wear, Rina made her way up the elevator. Something just did not feel right, in fact in some places a little loose and others quite a bit tight. Time was ticking. Her mind raced to and fro. "It looks pretty nice. I have nothing else now. But it really is the wrong size. The guy just wanted to make a sale! What a dishonest salesman! Should I keep it? Should I return it?
OK. I'm returning it... immediately after the wedding."
What's the Law?
Please email us with your comments and answers at weekly@projectfellow.org.
Read next week's issue for the answer!
CASE 204: Life Choice
Yesterday, as we mourned over the Jewish exile and prayed for its end, I read the following old moving tale in Rabbi Yechiel Spero's best seller "Touched by their Tears". Pg. 52-55, Pub. 2009 by Artscroll. Let us discuss it through its Halachic perspective.
"...The doctor emerged from the birthing room, but there was no big smile on his face...He informed Silver that the situation was grave; there were some serious difficulties and that it was possible that only one life could be saved...
The doctor emerged again, 'I'm sorry. We cannot save both your wife and your child. You will have to choose one of them.'
Silver ran to his mentor and asked for guidance in dealing with the impossible choice he was being forced to make. The response was simple. 'Discuss it with your wife.'
Silver ran back to his wife's room. He sat down next to her and informed her of the grave choice they had to make. 'I of course choose you,' he replied.
'My dear husband, I also have a right to choose, and I choose my child.'"
What is the law?
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Case # 202: Parking Rage!
What could be more frustrating than circling around an upper Manhattan block on Sunday night at midnight hunting for a parking space?
Two cars doing so!
Crawling northbound up Overlook Terrace between 186th and 187th St. for the fifteenth time, David's heart suddenly began to skip a beat as he observed a Black Lincoln Navigator in his rear view mirror pull out of a spot some one hundred and fifty feet behind him on the opposite side of the street. With no car in sight, David raced ahead to the intersection, made a quick U turn and glided towards his coveted destination. As he neared the space, William raced backward in his white Prius and began to back in to the spot. David suavely glided diagonally forward in to the spot - with his front right tire suspended over the sidewalk - blocking William's backward maneuvering.
A duel ensued.
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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.
In Manhattan, presumably William assumes the right of way.
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Detailed Explanation
Parking Rage! implicates the following laws:
- The streets are the property of the government. The usage rights thereof are subject to government ordinance [Choshen Mishpat 369: 8].
- The accepted local custom plays a significant role in resolving social, monetary and interpersonal disputes [Choshen Mishpat 331: 1]
Application
While in Manhattan, I am unaware of any formal laws regarding our case in particular, the NYS Driver Manual does state that the way to parallel park is to back in to the space. Additionally, backing in is done most of the time (exceptions include if there is such a wide space or the last space on the block is vacant so one can easily go in after crossing the intersection).
It would seem that the prevailing local custom in Manhattan would favor William who began backing in as opposed to the David who subsequently nose dived his vehicle in the spot.
Interestingly, in Inyo County, California there is in fact a legal ordinance in place regarding our exact case.
Any person seeking to park his vehicle in a limited parallel parking space (parking space not large enough for two vehicles), whose vehicle arrives at the parking space prior to any other vehicle, and who proceeds beyond the space with his entire vehicle a distance not to exceed ten feet for the purpose of backing his vehicle therein, shall have the right-of-way over any person driving or attempting to drive any other vehicle directly into such limited parking space and the driver of such other vehicle shall yield the right-of-way to the driver who first arrived at the limited parallel parking space. (Ord. 95 § 102, 1962.)
Accordingly, in INYO County, driver one has the right of way provided that vehicle one does not proceed further than ten feet beyond the space for the purpose of backing up.
[P.S. Anyone with more information on this case is welcome to submit it for review.]
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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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