Moreover, for some reason Meitar did not attach these warning letters, and in addition, he noted "WhatsApp" correspondence on the matter, but he did not attach these either (ibid., lines 31-32; and see also page 29 of the minutes).
Anavi stated (paragraphs 14-15 of his affidavit) that the rent was not transferred in the months of January-March 2020. It is true that according to the correspondence in Appendix 6 to the affidavit, these bear the date of January 2020.
In this context, I placed confidence in Levy's testimony, on behalf of the Generals' Workshop, that the delay stemmed from a change in Meitar's bank account, and not from the cancellation of a standing order (p. 14 of the transcript, lines 22-24). I refer to Appendix 6, which speaks for itself; On January 21, 2020, the plaintiff's representative noted - "This is in the process of being handled, the standing order has not been canceled"; and on February 2, 2020, it was noted: "The rent has passed" and was seated: "Thank you, I have seen it now".
In addition, in my opinion, Meitar was unable to prove that the Champions' Workshop wanted to repudiate the lease agreement prior to the coronavirus crisis, since it was in financial difficulties.
Moreover, even if I accept Meitar's claim that the Champions Workshop wanted to find an alternative tenant, even before the coronavirus crisis (see: Appendix 2 to the counterclaim; paragraphs 7-11 of the summaries of the Champions Workshop), this does not necessarily indicate financial difficulties.
- With regard to the coronavirus crisis, in my opinion, the Champions Workshop does not have the claim of thwarting, and it will be clarified.
Counterterrorism
In our case, I am of the opinion that the claim of thwarting should be rejected;
- The main argument of the Champions Workshop 51is that it is entitled to cancel the contract because of its thwarting. According to her, the COVID-19 pandemic should be viewed as a "foiling event," within the meaning of section 18 of the Pharmaceutical Contracts Law.
Section 18(a) of the Pharmaceutical Contracts Law states: