The Duty of Disclosure of the Transfer of the Goren Hearing Place to Plaintiffs 1-2 by virtue of his being an interested party in the seller, and the person who manages her affairs
However, in contrast to the transfer of the venue of the hearing from Mualem, who explicitly informed the plaintiffs 3-7 about clause 15 of the lease contract, I found it to be determined that the transferee of the meeting place, in his capacity as an interested party in the seller, did not inform plaintiffs 1-2 about clause 15, at least not explicitly. Admittedly, Mr. Attias was particularly careful, made inquiries and researched and demanded among others, but I did not get the impression that he and Ms. Vyshevsky were aware of the restitution clause, and in particular the risk involved in taking the land back by the Administrator. Mr. Attias testified in this context, "If I had realized that one day, for some reason, this land would be taken away from me, it would surely be... I certainly wouldn't have signed, it's not a question at all" (p. 895, paras. 9-15). When asked by the attorney of the transfer of the place of discussion how his words were consistent with the fact that the contract specified that the rights were leased from the manager, he replied, "Then you understand that I do not understand the meaning of these words" (ibid., paras. 24-25; See also: ibid., p. 898, paras. 13-14; p. 920, paras. 21-23; p. 985, s. 25-26; p. 986, s. 1-2). Ms. Vyshevsky also argued, "If you had told me that this was not a worthwhile transaction, you should have been honest with me" (p. 1057, paras. 15-16), and later added that Goren's transfer of the venue "omitted section 15 and we did not know about the Law of Restitution" (sic.) (p. 1105, paras. 10-11).
At the beginning of the discussion and decision, we noted that two provisions of the law establish a duty of disclosure at the pre-contractual stage. One is the duty of disclosure derived from the duty of good faith in negotiations that is set forth in section 12(a) of the Contracts Law, and the other is the duty of disclosure set forth in section 15 of the Contracts Law. Naturally, the duty of disclosure varies according to the specific circumstances of a given case, including the balance of power and the information gaps between the parties to the negotiations.