I will also refer to the reference in the legal literature to "double remedy", and R. Yehuda Adar, Moshe Gelbard, Restitution, Compensation, Combination of Remedies and Freedom of Contract 848, Mishpatim 40 (2011) where it is written as follows: “)a) Duplicate remedy will arise whenever a given combination of remedies gives the offender more than full protection of his protected interests." For an almost identical reference, see also Gabriela Shalev, Yehuda Adar, Contract Law - Remedies (2009), in Tax Appeal 81.
For further information, see also Yitzhak Amit, Agreed Compensation - Issues and Aspects - cited above, in Tax Appeal 39. For further details, see Civil Appeal 4630/04 Malls Properties and Building in a Tax Appeal v. Bnei Yaakov Real Estate in a Tax Appeal - cited above, as well as already in Civil Appeal 7452/96 State of Israel, Ministry of Defense v. Aharon Brothers Contracting Company Ltd., IsrSC 51(5) 874 (January 19, 1998, Judges A. Goldberg, T. Or, and Justice T. Strasberg-Cohen).
- Conclusion as to the Agreed Compensation Requirement
- The plaintiffs are entitled to the agreed compensation in the sum of ILS 1,000,000. This amount will bear linkage and interest differentials as required by law from the date of filing the amended statement of claim until the date of actual payment.
- Regarding future charges - the plaintiffs will be entitled to any amount for their damages, provided that they do not receive double compensation. Simply put, later in the judgment, a calculation will be made as to all of the plaintiffs' damages [see section 9.7(b) below]. To the extent that the total damages are less than the total agreed compensation, i.e. ILS 1,000,000, no additional compensation will be determined for the plaintiffs. If all the damages are in excess of the agreed amount of compensation, then the plaintiffs will be awarded the amount of the excess balance above that agreed compensation, i.e., beyond the sum of ILS 1,000,000.
00Transition Note - So far, the judgment has discussed that the defendants should be obligated to pay the agreed compensation, which is one of the ten remedies that were required and detailed in section 2 above. In section 9, the judgment will now discuss seven additional remedies out of the ten remedies claimed.