Nevertheless, in my view, the above does not change the fact that from the point of view of the acquiring company "A real need" in accepting Kahane's undertaking, as will be clarified below.
As a matter of routine matter, business entities seek not to rely on vague obligations by virtue of the general law, and require an explicit contractual obligation. Thus, business entities that engage in business ventures seek to reduce the degree of uncertainty involved in the fulfillment of their mutual obligations, and therefore prefer to anchor an explicit and detailed contractual arrangement that imposes an obligation on the other party, even when this obligation may also have arisen by virtue of the general law. Reliance on "Valve Charges" Ambiguity by virtue of the general law entails uncertainty, difficulty, and enforcement costs. For this reason, too, from the perspective of business entities, anchoring an explicit and detailed contractual obligation, even when it is nothing more than a concretization of the obligation of the plant by virtue of the general law, is of great economic value, and should not be regarded as "Artificial". On the contrary, it seems that a significant part of the contractual stipulations in business contracts, which are detailed in nature, could have been considered as:"Unnecessary" or "Artificial" Had it not been for the aforesaid. The aforesaid was clarified, in a context similar to our case, in the judge's judgment Y. Amit In the matter Gangina:
"On the other hand, it can be argued that the non-compete agreement entered into with the appellants is not 'artificial', but merely reflects careful conduct on the part of Bitan Wines. In other words, Bitan Wines, which was interested in defending itself from every direction and from every possible angle, was not satisfied with Yad Yitzhak's commitment to non-competition, but acted to 'secure' this undertaking and strengthen it by engaging with the appellants personally, lest they try to 'circumvent' the agreement that was entered into with Yad Yitzhak and bite into the market segment of the stores being sold.