|
Fellow Weekly - Issue 151
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. |
Dedicated for Refuah Sheleima for
Adina bas Chana, Chana bas Basya,
Miriam Devorah Shoshana bas Sarah
THIS WEEK'S photo featured PDF Aish Hatorah & Project Fellow Beit Midrash Case-Study Program in Beit Midrash L'Torah U'Tefillah, Ramat Eshkol join us on Tuesday Nights @ 9 PM Fan the flame of Torah! Become a Sponsor for only $100 email your info to westernwall@projectfellow.org Today! and click here to submit your generous donation
|
CASE 268: Election Break Down!
If one New Hampshire region is synonymous with recreation, it's the White Mountains. 48 4,000 foot peaks are found here, along with the highest mountain in the Northeast, 6,288-foot Mt. Washington; but it is the 800,000-acre White Mountain National Forest, that truly shapes the region.
The Kancamagus Scenic Byway offers one of the most beautiful routes through New Hampshire's White Mountains, especially during the fall foliage season.
A trip across the "Kanc" is a highlight for most visitors to the 800,000-acre White Mountain National Forest. Rushing rivers, a covered bridge, breathtaking vistas and possibly a glimpse of an elusive moose are some of the cherished memories.
Kalman Klein and his adventurous high school roommates planned a weekend getaway to the Kanc; renting a 2001 white Subaru Forester from patriotic Grandpa Erich, the school's cook; on condition they hang a flag supporting incumbent A on the vehicle's antenna.
Driving under normal conditions their Forester broke down on route 302. The roadside mechanic was rather infuriated to discover an enormous promotional roof bag supporting incumbent B.
The Forester broke down under normal usage conditions. The Klein crew altered the rental conditions, yet the mishap occurred irrespective of which promotional material they hung from the vehicle.
Who is responsible for the repair?
|
CASE 266/267: Subtenant Evictions & Stranded Passengers
(This week we will answer Stranded Passengers. See next week for answer to Subtenant Evictions as well as Election Breakdown!)
STRANDED PASSENGER
*  Hungarian national airline Malev has folded after its financial situation became unsustainable.
"After 66 years of almost continuous operation Malev will no longer take off," the report said.
Chief executive Lorant Limburger said the immediate reason for the collapse was the demand for upfront payments by its suppliers.
Prime Minister Viktor Orban said on state radio that two Malev planes were still overseas, one in Tel Aviv, the other in the Irish Republic.
The premier said those planes were not allowed to take off because of Malev's debts.
Having stopped over in Ireland, Irving was stranded (BBC).
- According to Torah Law, what are Malev's responsibilities towards Irving.
- May Irving demand a refund for the first leg of the trip?
|
|
|
The Answer
We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.
Malev pays the expenses to get to Tel Aviv. If they do not pay, Irving may demand a refund but must pay for any benefit received by getting half-way. |
|
Detailed Explanation
Stranded Passenger invokes the following three laws.
1. A rented an animal from B to take him from point 1 to point 2. The animal died unexpectedly. Is the rented animal provided to get A to point 2 or is B required to get A to point 2?
It depends on the nature of the contract.
If A specifically rented a certain defined animal, the defined animal is indentured toward providing A the means to get to point 2. Hence, B's liability towards A does not exceed the value of the animal rented. Costs incurred to A beyond the value of the defined animal need not be covered by B. As the animal died unexpectedly, B can claim that it was A's bad luck.
However, if the nature of the rental terms were such that B was to provide A with a medium to travel to point 2, then B obligates himself/the company/his assets to provide A with the means of to reach point 2 even beyond the value of the animal that they happened to choose [Choshen Mishpat 310:2].
2. Irrespective of the aforementioned natures of the contract terms, B may not give A an animal which he knows to be ill and at risk of dying en route. If he does so, his liability will exceed the value of the animal [Nesivos 310:1].
3. If B does not provide A the means to reach point 2 when required, B must return the rental fee. A must pay for any benefit he/she may have received from reaching the "half-way point."[Choshen Mishpat 310:1].
Application
Irving purchased a ticket from Malev from NY - Ireland - Tel Aviv. If Malev had reason to suspect that they may suddenly fold, they should not have put Irving in the situation. They would be required to get him to Israel at all costs.
Irving purchased a "way to get to Tel Aviv". He did not rent a "certain defined aircraft." As such, even if they folded unexpectedly, they are required to get him there at all costs.
If Malev would leave Irving to find his own way, Irving can demand a refund for the ticket. However, if he benefited by getting half-way, he would have to pay Malev that amount.
|
|
|
|
|
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.
Together...for a better world
You can help build a better world. Just invite your friends and family to subscribe to
Fellow Weekly.
To join this mailing list, please click here
or send an email to weekly@projectfellow.org with the word subscribe in the subject line
CLICK HERE to DONATE to PROJECT FELLOW TODAY!
|
|
A project of
Yesharim Foundation for Ethical Law
105/21 Sanhedria Murchevet, Jerusalem
ISRAEL 02-581-6337
USA 845-335-5516 |
|
