Hebrew | Francais

Search


> > Archive

Shabbat Parashat Tetzaveh 5780

P'ninat Mishpat: Disagreements Between a Supplier and a Store

(based on ruling 70075 of the Eretz Hemdah-Gazit Rabbinical Courts

Case: The plaintiff (=pl) signed an agreement with a supplier of produce for a niche clientele (=def) to open a store selling only their produce. There were disagreements about some shipments that def made to pl, and pl was also behind in payments. Def merged with another company (they are joint defendants), and before the merge, pl and def had a meeting to iron out issues, in which pl made certain complaints and gave checks for an amount the sides agreed to. After pl fell further behind in payments, def stopped sending produce. This forced pl to stop his operations; he still had to pay rent. Pl is suing def 100,000 shekels for a unfulfilled promise that he would be def’s sole outlet in his area (def denies such a commitment), 5,000 shekels for making pl do his own deliveries a few times, 9,300 shekels for wasted store rental (def – it was pl’s fault for stopping payment); 24,766 shekels for deliveries with too little produce (def – one charges for stacks of produce based on average weight; sometimes they are less, sometimes they are more); 9,900 shekels for late-night deliveries that were stolen (def – by contract, pl may make off-hour deliveries). Def is countersuing 54,431 shekels for payment due on deliveries. Def is holding a bounced check from pl and a guarantee that is being processed by hotza’ah lapo’al.

 

Ruling: In general, pl did not provide support for many of his claims. The relevant contract states that pl accepts def’s invoices for deliveries as correct. Furthermore, def is correct that any claims that relate to the time before their meeting are not to be accepted. While pl might not have been happy with all of the “understandings,” once they gave checks to a certain amount without clear stipulation, they accepted the compromises regarding all previous disagreements. This includes the matter of exclusivity (about which there is also no hint in the contract and was at most a statement made by an agent of def without authority to obligate them). 

A middleman between the two explained (although his testimony is not classically valid because of interests) that the industry standard is that the deliveries are based on number of stacks and average weight. In any case, beit din accepts the contract stipulation that def is believed on such matters (it is impossible to weigh and prove each element of each shipment). According to many poskim, the fact that def is holding a check and guarantee makes them the muchzak (the one who is in control, putting the burden of proof on the other side).

Regarding the off-hour deliveries, although the standard contract between def and his retailers allows this, since pl complained during their joint work that in his commercial area, thefts are common, def should not have made such deliveries. As a compromise, pl will only be charged one third for those deliveries. Regarding the lost rent, def does not have to continue supplying produce to pl when payment is far from assured, and therefore pl is responsible for his own losses.

Top of page
Print this page
Send to friend


Dedication

We daven for a complete and speedy refuah for:

 

Nir Rephael ben Rachel Bracha
Refael Yitchak ben Chana

Netanel Ilan ben Sheina Tzipora

Netanel ben Sarah Zehava

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Esther Michal bat Gitel

Yehudit Sarah bat Rachel

 

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

 

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

 

Rav Shlomo Merzel z”l
Iyar 10 5771

 

Rav Reuven Aberman z"l

Tishrei 9     5776

 

Mr. Shmuel Shemesh  z"l
Sivan 17 5774

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8    5776

 

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10       5774

 

Rav Asher Wasserteil z"l

Kislev 9  5769

 

R'  Meir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 5780

  

R'  Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13 5778

 

Rav Benzion Grossman z"l
Tamuz 23    5777

 

Rav Moshe Zvi (Milton)

Polin z"l

Tamuz 19     5778

 

R' Abraham Klein z"l

Iyar 18 5779

 

 R' Gershon (George)

ben

Chayim HaCohen Kaplan

z"l

Adar II 6

 

R' Yehudah ben Naftali Hertz

Cohen (Kamofsky)

Adar II 12

 

 Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and
Louis and Lillian Klein, z”l

 

site by entry.
Eretz Hemdah - Institute for Advanced Jewish Studies, Jerusalem All Rights Reserved | Privacy Policy. | Terms of Use.