I will add that in the Ashdod City Center case, the court reiterated that once a contract has been concluded between a third party and the company, there is no justification for imposing a personal liability on an organ that acted on behalf of the company, solely because the company breached the contract, except in cases where its conduct reached a high degree of bad faith, and that "proof is required that the officer is tainted by subjective personal fault for acts or omissions that constitute a tort or involve a breach of legal duty."
- The plaintiff did not bother to refer to the relevant sections of fraud and bad faith, and in any case I did not find that her claims in this regard were proven.
Section 56 of the Torts Ordinance [New Version], states as follows:
"56. Fraud is the false presentation of a fact, knowing that it is false or without belief in its truth or out of frivolity, when the presenter does not care whether it is true or false, and with the intention that the misrepresentation will act in accordance with it; However, a claim against such representation may not be filed, unless it was intended to mislead the plaintiff, even misled him, and the plaintiff acted in accordance with it and thereby suffered pecuniary damage."
Section 12(a) of the Contracts Law states as follows:
"12. (a) In negotiations leading up to the conclusion of a contract, a person must act in an acceptable manner and in good faith."
Section 39 of the Contracts Law states as follows:
"39. In the fulfillment of an obligation arising from a contract, one must act in an acceptable manner and in good faith; The same applies to the use of a right deriving from a contract."
- Before addressing the various claims that were made in this matter, I would like to refer to the testimony of Roy, who was asked about references to support the claims that Uri acted in bad faith and/or fraud and/or with thin funding, and replied that he had correspondence and "voice calls", which were "apparently" not preserved:
"Q: Do you have any evidence that Uri acted in bad faith and/or fraud and/or with thin funding? Things you claim in your affidavit, do you have any evidence for that?