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 Fellow Weekly -  Issue 114

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.

     

  

 

 

  

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Case # 219 Sideswipe Delivery
 

"It's coming ... Get there fast!" she yelled. The hazard lights flashed ferociously at 2 am on a cold winter night.

 

Barreling down Forty Eighth street in Borough Park, at lightning speed, and the wrong way to boot, the Freedmans raced against time. Would they make the Maimonides delivery ward in time? Mrs. Freedman had an unpredictable and sometimes risky delivery history.

 

"Ari watch out on your right!", shrieked Mr. Freedman to his brother, while pressing his palms up hard against the roof of his blue Toyota Prius. Ari instinctively swerved to his left to protect himself, his passengers and his brother's car from an oncoming speeding Domino's Pizza delivery boy texting on his motorcycle.

 

Crunch! Ari sideswiped a parked white Honda Civic, leaving a line of white along the body of his brother's car, shook Mrs. Freedman up, and took the Civic's sideview mirror along with him to the hospital.

 

Barring insurance policy guidelines, who should pay for the damages to the Civic; the delivery boy, Ari, Mr. and Mrs. Freedman, or must the Civic owner swallow the loss ?

 

 

What is the law? 

  

Please email us with your comments and answers at weekly@projectfellow.org

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Case # 217  Cyber Monday Maul 

 

 Cyber Monday; the biggest on-line sale day of the year! Incredible bargains, no Black Friday crowds. No queuing on a line in the cold in front of stores. No pushing or shoving. What could be better? ... All from the comfort of his own desk! With a few clicks of the mouse; a lot of savings in the wallet!

 

 David did a bit of searching and in a few short cyber moments found the bargain laptop he was looking for. The site was not familiar to him nor the name, but hey, there thousands of legitimate sites out there. This one looked O.K. In this economy, it is tough to give up on such a bargain...

 

 David slipped big time. Sure it was a bargain and he even got his laptop via the free overnight delivery...but he also got a virulent virus that infected his own desktop computer, deleted files, grabbed his Microsoft outlook address book and unwittingly spread it to all the addresses he had, resulting in the deleting of hundreds of valuable files from his contacts.

 

 How would Torah Law adjudicate this scenario?

 

 Case # 218 Web Woe!

 

Anyone who uses a computer now knows of the need to have anti-virus software.

 

On Tuesday, November 1st, Aaron purchased a new laptop and had yet to install anti-virus software on his computer.

Josh sends out a weekly commentary on current events to select friends. On Friday November 4th, Josh sent Aaron a PDF file with his article. 

Unfortunately, Josh's file had malicious software embedded in it.  The software entered Aaron's Gmail address box and sent out an email to 100 of Aaron's contacts.

In the email, there was a link to a website in China for buying cheap electronic goods.  It turned out the web sites were illegitimate and simply collected credit cards numbers; later to use them for fraudulent purposes.

Twelve of Aaron's contacts discovered that their credit card information was then used to buy $50 worth of goods they did not authorize. 

 

So how did email go out to all of these people?

When malicious software (known as malware) is loaded onto a computer, one thing it might do is go to the users email address book and send emails to all or part of the people in the address book.

Web Woe's malware then sent a message directing the recipients to a website where they were promised cheap electronic devices.

They then went to those sites and naively supplied their credit card information.

 

 

 

 Is Aaron responsible to pay the $50- for each of the 12 people?

 

What's the Law? 

  

 

The Answer

We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.

 

Both David and Aaron are absolved.

 

 

 

Detailed Explanation
 
 

    

Cyber Monday Maul & Web Woe invokes the following law.

 

 

 

 

 

1. A entered B's property illegally. B stumbled upon A and suffered injury or financial loss. If B initially saw A, and was able to protect himself/herself from A, while A was wrong for trespassing; B cannot hold A financially liable for his/her incurred damages [Choshen Mishpat 378: 6].

 

 

 

 

 

Application

 

 

 

 

With the pervasive prevalence of maleware, any computer user who makes use of the internet without anti virus software is negligent for not installing the appropriate protective software.

 

 Similarly, every user knows that he/she must use caution when opening emails and supplying credit card information to unknown sites.

 

 

 

 

 

As the viruses were sent unintentionally to people who knew, and were able to protect themselves from damage and chose not to do so, David and Aaron would be absolved from resultant damage.

 

 

 

 

 

Correction/Clarification to Last Week's Snow Slamming

 

 

 

Snow Slamming:

 

 

 

Both the car carrier and the Hummer were abiding by the law and driving in their respective appropriate lanes at reduced speeds due to the compromised weather conditions.

 

 

Nevertheless, they both unintentionally actively damaged one another's property and are liable for the damage incurred, if they were aware of each other's presence and could have avoided colliding.

 

However, in all probability, they were both unable to avoid the unintentional active damage. Rambam absolves the parties in such instances [see Rambam Chovel Umazik 6:9, Choshen Mishpat 378 Biur Hagra].

 

In practicality, drivers agree to abide and bind themselves by regulations established by insurance companies [Choshen Mishpat 331].

 

 

 

 

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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