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 Fellow Weekly -  Issue 141

WHAT'S THE LAW  

  

 

 

 

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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 255/256: BUSTED REFRIGERATOR & COLD FEET                             

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 REFRIGERATOR: Their lifelong dream was slowly becoming a reality. Dr. and Mrs. Jerome Adler (see Issues 107, 108) were relocating from Flatbush to a mountain view apartment on Rechov Nachal Dolev st. in Ramat Beit Shemesh.

 

To ease her transition, Mrs. Adler included American style appliances with 220 voltage in her lift; a new stainless steal double sided LG Ultra-Capacity 3 Door French Door Refrigerator with Smart Cooling, a matching Over The Range Microwave, and large Whirlpool washing machine. David's Appliances on   13th Ave in Boro Park benefited from her shopping spree.

 

Mrs. Adler fell in love with the refrigerator. So much so, that she designed her kitchen to fit and match her silver colored cooling treasure.

 

While keeping their eyes on the prize, their excitement in setting up their kitchen was challenged upon discovering that their refrigerator was a lemon.

 

Chagrined, Mrs. Adler complained to David. "We're presently out of stock of this model. Send it back and we'll give you a refund," David generously replied."

 

"David! Who's paying for the space on the lift to and from Israel? If I can't get this model anymore, what's with the expenses of reconfiguring my counter space and color scheme?

 

 

COLD FEET: Meira's commitment challenges became apparent only after a modest engagement party was held in the local High School's Auditorium.

 

Moshe demanded she reimburse his family for the expenses incurred for an engagement gone sour.

 

 

What's the Law?

  

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

  

 
CASE 253 Moldy Mozzerella!
As protocol prescribed, Camp Adventure's Administrator; Rich Gold signed and authorized the frozen and dairy orders from Delicious Distributers. The kitchen staff shelf stockers arose early to receive the deliveries and restock the shelves, refrigerators, and freezers.

 

For the week of July 8th Rich Gold included 100 boxes of Mozzarella brick cheese in the order. Typically, brick cheese allows the consumer with a fair interval of time between delivery and its expiration date.

 

Early July 11th, three days after delivery, Steward the kitchen staff manager noticed ten boxes of shredded Mozzarella amongst the boxes of brick stocked in the refrigerator.

Shredded cheese runs the risk of spoiling earlier and sure enough, upon opening the boxes - Steward noticed the color green forming within the bags.

 

Steward contacted Rich Gold. Rich called Delicious Distributors, complained about the mistaken order and demanded a refund for the ten bags. Delicious Distributors argued that had Rich returned the boxes immediately, they could have returned the boxes to the manufacturer or sold them to another customer.

 

Now that the cheese was spoiled, there was nothing they could do with it. "Rich, you're too late" they replied.

 

 

What is the Law? 

 

 

 

 

The Answer

 

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

 

Delicious Distributors must swallow the loss if the camp was not irresponsible in not notifying them before spoilage began or if they knew that they sent the wrong merchandise.

 

.

  

  

  

Detailed Explanation    

 

 Moldy Mozzerella invokes the following laws.  

 

1. A merchant must stand behind his/her product even if he/she did not know that the sold merchandise was faulty [Choshen Mishpat 232: 18].

 

2. Recourse for blemished or mistaken merchandise is permitted even years after the sale. [Choshen Mishpat 232:3].  

 

3. Even a merchant in the supply chain who presumably will never be aware of the functionality of the merchandise is nevertheless required to stand behind the merchandise he/she sold (see below for exception) [Choshen Mishpat 232: 18, Rema].

 

4. Upon receiving mistaken or faulty merchandise, the consumer assumes certain shomer/trustee responsibilities towards the article.

 

As such, when the end user fails to notice the poor quality of the product and/or fails to inform the merchant in a standard time span, he/she can inadvertently cause the unassuming merchant a loss, for which the consumer may assume liability.

 

At times; a stitch in time can save nine, whereby enabling the merchant due time to return poor quality merchandise to the supplier before the article loses complete functionality.

If the consumer was duly negligent in noticing and notifying the unassuming merchant; to the extent that the merchant can no longer return the merchandise to the supplier, and the merchant can prove that he/she did not previously know about the blemish, the merchant will be absolved from compensating the consumer [Choshen Mishpat 232: 18, Rema, Nesivos 10, Choshen Mishpat 232: 22].

 

5. Three days after purchasing cheese from B, A discovered severe spoilage.


Responsible investigation should be used to determine when the cheese began to spoil. If it can be ascertained that spoilage began prior to the sale, A can annul the sale. If it remains questionable, the money remains as status quo until proven otherwise
[Choshen Mishpat 232:16] 

 

   

 

Application 

 

Delicious Distributors delivered the wrong product to Camp Adventure and are required to deliver the correct product.

 

However, Camp Adventure assumed trusteeship over the shredded cheese. If accepted protocol required that inventory be taken immediately upon receiving the cheese delivery, then Camp Adventure was negligent in their not doing so.

 

Their responsibility included notifying Delicious Distributors about their mistake before the cheese spoiled, whereby enabling Delicious Distributors to sell the cheese to another customer or pass them back to the manufacturer.   By not doing so, they were negligent in their trusteeship and must swallow the loss, provided that Delicious Distributors can prove that they did not know about the mishap.

 

Delicious Distributors must swallow the loss if the camp was not irresponsible in not notifying them before spoilage or if they knew that they sent the wrong merchandise.

If we could determine that the spoilage began before delivery, and earlier notification would not have profited the distributor, the camp will receive compensation regardless of when they informed the distributor.

 

 

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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