Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA clear and defined contract “closes” the ability of contenting against its wording
Commercial, Banking and Financial
Dispute Resolution
A food company set up a branch within an office complex. The lessor obligated in the agreement to send a demand to an internal catering company of one of the tenants demanding that it will supply services only to employees of such tenants, and it sent such demand but did not enforce it. The Court […]
A tender bidder who acts to prevent a subcontractor from contracting the winner may be considered as promoting a restrictive trade arrangement
Competition
Business, Corporate and Joint Ventures
Public Law, Environment and Tenders
Two companies participated in a Ministry of Defense tender to provide quality control services that required at least 13 quality controllers. The company that did not win solicited the quality controllers with whom the winner was supposed to contract, not to work with the winner and so the winner could not perform more than half […]
An employee is not entitled to continue receiving excessive wages erroneously paid after the mistake was discovered
Labor Law and Immigration
Dispute Resolution
The Ministry of Education paid a teacher salary above the amount required due to mistakenly believe that she has a master’s degree. After discovering the mistake, the teacher demanded to continue receiving the excess salary contending that the past behavior creates an agreement. The Labor Court held that the teacher is to repay part of […]
Expressing a general opinion on a type of products without reference to a specific manufacturer is not defamation
Commercial, Banking and Financial
Dispute Resolution
Privacy, GDPR, Confidentiality and protection of reputation
Shareholders of an e-cigarette manufacturing, marketing and supply company posted insulting statements on Facebook against a medical doctor who specializes in smoking research, calling him a liar and corrupted for introducing the company’s products on a TV show and expressing his position that e-cigarettes are harmful to the health. The Court held that such were […]
A company’s employee stock options pool is not deemed part of the company’s issued capital for calculating holdings in the company
Business, Corporate and Joint Ventures
High-Tech and Technology
Labor Law and Immigration
A shareholder demanded data from the company, including financial statements, the register of directors and shareholders and salary data of the directors and to convene a general meeting. The company contended that according to the shareholders’ register, when calculating the ESOP pool allocated to the trustee for allocation to employees, the shareholder does not hold […]
Of Agreements, Marriage and Common-Law Marriages
Domestic Relations
Commercial, Banking and Financial
Real Estate
The main way of preventing financial disputes in spousal relationships, whether during the relationship or upon its termination, is by a prenuptial agreement. With a married couple Israeli law defines how such prenup may be created, but a question arises when a couple shares a household with no intention of getting married but it is […]
Sellers of an apartment cannot be forced into an agreement when they explicitly state that only a “signed agreement” will bind them
Real Estate
Dispute Resolution
Apartment sellers withdrew from the transaction at the last moment, after a date for signing had already been set, and decided to sell the apartment to others. The Court dismissed the claim and held that the potential purchasers were not entitled to compensation as no binding agreement was entered into and the sellers acted in […]
