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 Project Fellow Weekly -  Issue 183

WHAT'S THE LAW  

  

 

 

 

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Flour Foul

 

A frequent festive Jerusalemite Erev Shabbat site: makeshift tents on the street corners set up with a colorful array of flowers for sale.

 

Adam, an independent contractor, sets out early Friday morning to his favorite corner. After two years of hitting the pavement, he's even got some steady customers as well. Forest Florist in Ramat Eshkol pays Adam ten shekels for every bouquet he sells for them. Like clock-work, one half hour before Forest Florist closes, Adam returns religiously with the leftover flowers and cash and receives his due remuneration.

Last week, as Adam was heading back to the store, a car jumped the curb, hit his cart, sent a few buckets of flowers flying and sped off.

  • Under what circumstances need Adam reimburse Forest Florist for lost bouquets?

 

 

What's the Law?

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

 

 

 

 

 In-Law or Out-Law

 

Rafael's complex was gnawing at his conscience. With the Jewish New Year rapidly approaching, he wanted to make meaningful and lasting amends.

Rafael racked his brains to think of a gift that would finally convince his mother-in-law that he respected her.

Knowing that there was a small possibility that his mother-in-law might be touched by the gesture but not particularly care for his choice, Rafael struck a deal with Finesse Furs.

"If she accepts the Mink, I'll happily pay the full thousand dollars in ten installments. If she says, 'Oh my dazzling darling, I'm so touched. You're such a wonderful son-in-law but I prefer that you don't spend your money like that (lest you come begging from me when you're stuck...)' then I'll return the Mink to you and pay you $100 for your 'service'."  

Rafael's mother-in-law was overcome with emotion but declined the offer. While returning the Mink, Rafael was accosted in the Mall Parking lot and forced to hand the coat to an armed outlaw.

 

 

  • How much is Rafael required to pay Finesse?

 

 

What's the Law?

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

 

 

 

The Answer:

 

Rafael is absolved from paying for the Mink..

 Detailed Explanation

 

In-law or Outlaw invokes the following Halachos.

T.L. C. Trustee Liability Chart

 

 

 

Negligence

Theft/Loss not due to negligence

Unforeseen &

incontrollable accidents

Damage in course of normal use

1. no benefit

Unpaid trustee

Liable

Absolved

Absolved

Liable

(may not use it)

2a. partial benefit

Paid trustee

Liable

Liable

Absolved

Liable

(may not use it)

2b. partial benefit

Renter

Liable

Liable

Absolved

Absolved

3. absolute benefit

Borrower

Liable

Liable

Liable

Absolved

 

The Paid trustee, or shomer sachar, has limited benefit from the service provided.

While he/she benefits from the payment for his/her supervision of the property, he/she nonetheless is not authorized to make personal use of it. With limited benefit, he/she correspondingly assumes limited liability. In exchange for the payment that his/her service demands, he/she accepts the responsibility of protecting the property from theft and loss and is liable to pay in the event of such an occurrence.

 

In contrast to a borrower who has complete benefit from the article and as such is liable even for uncontrollable accidents (i.e. armed robbers), the shomer sachar is absolved from paying for damages or losses due to unforeseen incontrollable accidents [Shemos. 22:9-11].

 

The Renter or a socher, also has limited benefit from the article.

While personal use of the property is authorized, he/she pays a fee. Again, limited benefit corresponds to limited liability. His/her limited liabilities mirror those of the paid trustee. He/she accepts the responsibility of protecting the property from theft and loss and is liable to pay in the event of such an occurrence. However he/she is absolved from paying for damages or losses due to unforeseen incontrollable accidents [Choshen Mishpat 307:1].

 

Application

A took home merchandise from a craftsman to present to his in-laws and stipulated that he/she will pay for the purchase in full should the in-laws accept the gift; and if they do not, he/she will pay the craftsman a fee for using the merchandise to please the in-laws. An unforeseen incontrollable accident occurred upon returning the merchandise to the seller. Once the in-laws reject the purchase, the customer transforms into a renter, paying for the ability to use the craftsman's article; a whereby  the customer is absolved from paying for losses or damages that were beyond his control (armed robbers).

If however, the incontrollable phenomenon would take place en route to the in-laws, the customer would be liable to pay for the value of the purchase. As in his/her mind there is reasonable expectation that the in-laws will accept the gift, we deem him/her as a consumer who bought the article with a condition, who in turn, must pay for the merchandise regardless of whether it suffers any damage from an outside force after legally acquiring it [Choshen Mishpat 186: 1 Nesivos 1 Biurim]

 

 


 

 

 

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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