Caselaw

Civil Case (Tel Aviv) 35033-04-21 Lawful Refund Ltd. v. Dynamometer Factories for Vehicle Testing 1965 Ltd. - part 13

July 6, 2026
Print

(c)    Phrases and clauses in a contract that are customarily used in contracts of the same type shall be construed according to the meaning known to them in those contracts.

I note that the commencement of Amendment No. 3, which changed the wording of section 25, to its current version, is on January 7, 2026.

As can be seen from the wording of the agreement, the treatment to which the plaintiff undertook related to direct treatment with the municipality regarding the reduction of lease fees and municipal taxation and any issue that would arise during the negotiations with it, as well as to bear the payment for experts that would be required for the purpose of managing the case.  This also included the possibility of legal proceedings.

Kotler explained that his work focused on the preliminary stage of identifying and testing an idea.  After he reached the conclusion that there was a potential for profit, he turned to Adv. Meyuhas, who presented him with the issue and the division of labor between them.  (Sections 4, 8, 9 of the affidavit; paragraph 2 of the supplementary affidavit; testimony of Adv. Shemesh, p.  41, lines 14-19).

The cooperation between Mr. Kotler and Adv. Meyuhas was intended to take place initially, by signing clients on only one contract, when Mr. Kotler was supposed to take care of bringing clients, after which Adv. Meyuhas would perform the legal work and the fees were intended to be divided between them in half or half.

A review of the draft agreement between the plaintiff and Arnona Property Management and Consulting (1965) Ltd., a company owned and managed by Adv. Meyuhas (hereinafter: "Arnona"), shows that the plaintiff was intended to locate potential clients and until they signed a binding contract with Arnona.  The engagement agreements with the customers were intended to be signed with Arnona only, and the plaintiff, in turn, undertook to transfer to the plaintiff 50% of any receipt that would be actually received, in accordance with the agreements that would be signed (the draft agreement was attached as part of Appendix 1 to Kotler's supplementary affidavit, p.  21).

Previous part1...1213
14...35Next part
Skip to content