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Fellow Weekly - Issue 104
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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VOLUME I OF "THE CHOSHEN MISHPAT FOR THE CLASSROOM" SERIES FEATURING 10 UNITS OF REAL-LIFE HASHAVAS AVEIDAH SCENARIOS, CASE STUDIES & EXCITING ACTIVITIES
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Case # 205 Valley Forge!
Canaan Valley, WV - home of United States' 500th National Wildlife Refuge, is a small oval bowl shaped valley located in Northeastern Tucker County, West Virginia and is known for its undeveloped breathtaking landscape, thrilling ski slopes and private communities, along with the parks of Blackwater Falls and Canaan Valley Resort & State Park.
Typically the slowest rental season, home rental rates, through the local realty with room for twelve in the Timberline Resort Community range between $900 - $1200 a week during the month of August, while midwinter rates ranged between $1500 - $2000 per week.
Though posted at $1200 on the realtor's website, Leon independently placed an advertisement for his home with room for twelve - in a Savannah, Georgia newspaper for a "bargain price of 2400 a week." hoping to catch an unassuming summer vacationer.
David Bernstein saw the ad in the paper, perused Leon's virtual tour on his private blog, and sent a security check for 500. Arriving in Canaan Valley, David soon realized that Leon's bargain was double the going rate.
At the end of the week David made a direct deposit to Leon's account for $700.
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 # 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."
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What's the Law?
Keep your eyes open for a special featured edition answering last week's "Life Choice" case |
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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.
See detailed explanation |
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Detailed Explanation
Misfit implicates the following four laws
- A consumer who noticed a blemish during the course of the transaction, yet continued pursuing the deal, has no subsequent recourse [Choshen Mishpat 232: 3 Pischei Teshuva 1].
- Similarly, a consumer cannot reverse a done deal upon finding a blemish which a responsible consumer should have realized before completing the transaction [Choshen Mishpat 232: 3 Sm"a 10].
- A consumer who noticed an unforeseeable blemish after the transaction was completed, is entitled to recourse ad infinitum provided the consumer does not subsequently utilize the article [Choshen Mishpat 232: 3].
- Consider the following scenario: On the road, A discovered an unforeseeable blemish in his recently purchased car. A need not be stranded on the way, but may use the car to return to the seller.
Thus, a consumer who noticed an unforeseeable blemish during the course of usage - for which he/she wishes to reverse the deal, may only continue using the article if the circumstances are similarly extremely compelling. Otherwise, usage of the article indicates a consent to the deal [Choshen Mishpat 232: 3 Pischei Teshuva 1].
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Application
Even assuming that Rina was unable to notice the misfit before settling on the outfit, she could only continue wearing the outfit, if she honestly was stuck with no other option i.e. in the middle of the wedding.
One would have to wonder what Rina intended to do should she have been unsuccessful in finding a suitable outfit downstairs from the hall. Worst case scenario, if she did not take along a second best to the hall, she would have returned home and settled for a second best.
Thus, in our case, she noticed the tight fit before the wedding, she should return home and switch outfits. Nonetheless, she would not be required to leave the wedding in the middle and change, if she could not have been expected to discover the tight fit before finalizing the deal.)
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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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