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March 6, 2024
A lessee of a commercial property who unilaterally offsets its expenses from the rent may be deemed in breach of the agreement
Real Estate
Dispute Resolution
A lessee unilaterally offset the cost of installing a central air conditioning system from its rent, contrary to the provisions of the lease agreement that prohibits this. As a result, the lessee was demanded to vacate the leased property. The Court accepted the eviction claim and held that the lessee breached the lease agreement and […]
March 4, 2024
Parties bound by an agreement with a condition precedent must act positively for its fulfilment
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A potential tenant did not act with sufficient diligence to enter into a lease agreement with the landlord and thus, in practice, prevented the fulfilment of the condition precedent in the agreement between it and the current tenant. The Court accepted the claim due to consummation of the agreement in bad faith. An agreement with […]
March 3, 2024
A person who has the most affinities to an asset may be liable to city taxes even if he is not the possessor of the asset
Taxation and Government Incentives and Funding
Dispute Resolution
Wills and Estates
A municipality recorded a person as the owner of his deceased mother’s property despite the absence of a probate order while stating that he has the most affinities to the property. When the city tax debts were not paid, the municipality-imposed a lien on his bank account. The Court rejected the claim for damage due […]
March 3, 2024
Receiving messages from a dating site against the will of the recipient does not necessarily amount to defamation
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A lawyer received offers that men were interested in getting to know her against her will, including to her professional email address, from an anonymous dating website to which she did not register and even requested to remove herself from. The Court held that sending the messages does not amount to defamation. Israeli law stipulates […]
March 3, 2024
A person who is not consider an insider but receives insider information from an insider may also be deemed to have used insider information
Capital Markets and Stock Exchange Regulations
Dispute Resolution
A person who invested in a public company received insider information from the company’s CEO and used the information to reduce his losses in the company’s IPO. The Court convicted that person based on his admission of use of insider information, while reducing his sentence because the use was made for the purpose of reducing […]
February 28, 2024
Substantial evidence of parties’ contractual intent can “compensate” for certain deficiencies in the specificity requirement
Commercial, Banking and Financial
Dispute Resolution
Real Estate
Two parties to a real estate dispute signed a memorandum of understanding in preparation for a settlement agreement. The Supreme Court found that the contract is binding as the cumulative requirements of intent and specificity were met. Parties’ intent to form a binding contract which can be concluded from the existence of two main elements: […]
February 25, 2024
In determining the reasonableness of the period to perform a condition precedent in the contract, developments after its execution will also be considered
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A lessor entered into an agreement with a condition precedent for which no fulfilment date was stipulated. The lessor discovered that the other party had thwarted the fulfillment of the agreement and this before a reasonable time for the fulfilment of the condition precedent had passed. The Court found that the agreement had been breached […]
February 21, 2024
The existence of a partnership will be decided according to the essence of the relations that actually existed and not the parties’ original intent
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
An employee demanded from his employer rights arising from his work for it, despite a partnership agreement signed between the parties before starting his work. The Labor Court accepted the employee’s contention because in practice the employee was not a partner in the partnership that managed the business in which he was employed. The existence […]
February 17, 2024
A lessee is not liable towards a lessor for fire damage caused not due to its negligence
Real Estate
Dispute Resolution
A lease agreement set that the leased house in a good condition but during the lease, for circumstance not related to the lessees, the house burned to the ground and the lessor demanded that the lessees pay for the difference between the insurance proceeds and the value of the house. The Court rejected the claim […]
February 16, 2024
A vaguely drafted and forward-looking document will not be deemed a will
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A person has drafted a handwritten document which was written after his duly made will, in which it was recorded that he intends to divide his property among his children as a will instead of his previous and detailed one that was signed in the presence of witnesses. The Court rejected the probate motion in […]
February 12, 2024
A shareholders agreement will bind its signatories despite the provisions of the articles of association of the company
Business, Corporate and Joint Ventures
Dispute Resolution
After differences of opinion emerged between three shareholders in a company who also serve as directors of the company, two adopted a resolution according to which the company would file a lawsuit against the third, despite the founders agreement which stated that all resolutions should be made unanimously. The Court held that the lawsuit should […]
February 7, 2024
Checks traded over to a bank will be honored even if no consideration has been received for such
Commercial, Banking and Financial
Dispute Resolution
A retail fashion chain provided 34 marketable postdated checks in the amount of over ILS 4 million to an importer for goods to be received. The checks were deposited in the importer’s bank, but the importer’s business subsequently collapsed and the retailer canceled the checks whic due date has not yet arrived due to failure […]
February 6, 2024
Unnecessary, literal interpretation in performance of a contract will entitle the harmed party compensation even if it breached the contract regardless thereof
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A seller in an option agreement for the purchase of real estate insisted on the lack of a literal commitment, on its part, to cooperate with the potential buyer. The Court accepted the potential buyer’s contention that the seller had consummated the agreement in bad faith. While the principle of good faith in the consummation […]
February 5, 2024
It is the land owner’s duty to prevent zoning violations on its property regardless of the authority’s conduct
Real Estate
Dispute Resolution
A land owner was held accountable for zoning violations committed by the lessees of the property. The Court held that the land owner is criminally liable because it did not do everything in its power to prevent the prohibited use of the land by the lessees. Israeli law imposes on a land owner the responsibility […]
February 4, 2024
Generally, a gift agreement cannot be cancelled unless the receiver behaved disgracefully
Real Estate
Dispute Resolution
A husband signed an agreement in which he gifted his wife real estate. After about a year he regretted he signed the agreement, signed a power of attorney granting the rights to the real estate to his sons but did not inform the wife about the cancellation of the gift. The Court held that the […]
January 30, 2024
A loss of trust between company shareholders does not necessarily justify a separation
Business, Corporate and Joint Ventures
Dispute Resolution
Two shareholders got into a dispute. As a result, one sought to establish a separation mechanism between them. The Court rejected the motion and held that a loss of trust between the parties does not necessarily justify separation. A loss of trust in a company managed as a kind of partnership may justify a separation, […]
January 30, 2024
The protection of copyright in computer software also protects the design and software requirement specification and not just the source code
Copyright, Trademarks Media and Artists
Labor Law and Immigration
Dispute Resolution
A company that owns software of auxiliary programming services for mainframe computers discovered that a former employee begun competing with it by using a similar software. The Labor Court accepted the claim for copyright infringement by copying. Although the copyright protection of computer software derives from its definition as a literary work, this does not […]
January 29, 2024
Publishing a negative post about a business owner may be considered defamation even if its name is not specifically mentioned
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A customer posted a negative review about a beautician without mentioning her name, but invited women to contact her privately and get her identity. The Court accepted the claim and held that the customer must compensate the business owner for defamatory publication. Israeli law defines defamation as a publication which may humiliate a person in […]
January 27, 2024
A lessee who seek damages due to a TAMA 38 project and did not act to reduce his damages is not entitled to compensation
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A lessee sought damages from the lessor due to works carried out in the building as part of the TAMA 38 project. The Court rejected the claim and held that the lessee knowingly entered into the lease agreement and did not act to reduce his alleged damages. A lessee is not allowed to contend discrepancy […]
January 24, 2024
In an agreement that includes an explicit waiver of building rights an implied consent to waive future rights is sufficient
Real Estate
Dispute Resolution
Apartment purchasers in the purchase agreements the right to the building rights “at all times”. The Court rejected the purchasers’ contention that bulding rights that did not exist at the time of purchasing thea ppartments belong to them and determined that the consent in the sale agreement also includes forgoing future building rights. Building rights, […]
January 22, 2024
A class action for non-accessibility of a website requires first approach to the business
Commercial, Banking and Financial
Dispute Resolution
A person submitted several motions for approval of class actions against various businesses due to the inaccessibility of their websites, without bothering to contact them in writing first. The various business owners, who corrected the required, preferred to settle and pay thousands of shekels to the class claimer and his attorney in exchange for their […]
January 21, 2024
Confirmation of a transaction based on lacking information and omission of essential details is not valid
Commercial, Banking and Financial
Dispute Resolution
A customer made a reservation through the Booking.com travel platform for accommodations in France. Upon arriving at the accommodation on the appointed date, he discovered that his reservation has been unilaterally canceled by the host because he had not made additional payments which were required for the holding reservation. The Court held that the platform […]
January 21, 2024
One who signs an agreement without reading it carefully may not later contend not to have understood what he signed
Commercial, Banking and Financial
Dispute Resolution
A customer who signed up for the enrichment course unilaterally stopped his participation and refused to pay the balance of the tuition due to alleged misleading regarding the nature of the course. The Court accepted the claim and obligated the customer to pay its due as he did not even bother to read the agreement […]
January 17, 2024
An agreement marked as a “draft” may still be deemed obligating if the signature is technical
Real Estate
Dispute Resolution
Two parties negotiated the purchase of an apartment. The parties met to sign the agreement, which was marked as a “draft”, but the seller refused to sign due to a tax issue. The Court held that no binding agreement was executed and therefore the buyers are not entitled to damages for its breach. Israeli law […]
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