Caselaw

Civil Case (Tel Aviv) 32654-12-19 A. Danan Fire Fighting Systems Ltd. v. Lahavot Manufacturing and Protection (1995) Ltd. - part 16

January 18, 2018
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Interim Summary

  1. We have so far been required to address the content of the engagement and agreements on certain issues, in particular the date of the transition to the second stage, the exclusion of distributors and the bus sector. We were also required to issue a notice of termination of the agreement, which was found to have been given by law; and the notice of immediate cancellation, which was found to have been given in violation of the provisions of the agreement on which it was based.  Damping, The agreement is scheduled to expire in January 2018.
  2. Against this background, the arguments of the parties regarding breaches of the agreement and the consequences of this will be examined. The exam will be conducted on a basis and in accordance with the remedies required.  In principle, With regard to each remedy, it is necessary to examine whether a breach or other basis that is supposed to give rise to the right to it and, if necessary, the remedy claimed itself.

Requirements

  1. In the amended statement of claim, Danan petitioned for monetary compensation for damages in the total amount of ILS 4,517,617, which is the result of the connection of components (paragraphs 8, 33 and 34 of the statement of claim):
  2. Investments for the purpose of fulfilling the agreement, which were made mainly in its first year - ILS 1,285,000.
  3. Loss-making activity in the first year of the agreement, "loss recorded in the books due to the cessation of activity" - ILS 564,191.
  • Loss of gross profit for withheld income - ILS 2,668,126, in the following division:
  • Loss of gross profit due to income withheld in the field of hoods - ILS 671,268.
  • Loss of gross profit due to withheld income in the bus sector - ILS 1,996,858.

At the summary stage, Danan again demanded the sum of ILS 4,517,617, although this time she noted that her total damages were much larger and in fact stood at ILS 9,282,315 (paragraph 53 of the summaries).  The difference between the amounts stems from a change in component C(2) above, there has been no change in the other sections.

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