Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeThe Israel Lands Authority must compensate a lessee for damage caused due to a negligent delay in completing the transaction
Real Estate
Dispute Resolution
The Israel Land Authority did not sign a leasehold agreement on time and as a result the lessee was required to pay an increased capitalization fee, at the rate of hundreds of thousands of shekels. The Court accepted the claim and held that the Israel Lands Authority was negligent and must pay damages to the […]
A force majeure contention requires showing of actions in advance and after materialization of circumstances to prevent and reduce the damage
Real Estate
Dispute Resolution
Apartment buyers demanded compensation from the contractor due to a delay in handing over the apartment to them, where the delay was due to a delay in receiving the city’s permit to start work, and even though the contract between the buyers and the contractor stipulated an exemption from paying compensation in the event that […]
Oppression in a company will be reviewed through the objective legitimacy of the expectations of the party claiming oppression
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder in a company that operated as a “quasi partnership” contended that his “partner” who serves as the company’s manager, runs the company in a way that deprives him of his rights by causing him to invest further funds in the company. The Court rejected the claim due to the agreements of the parties […]
An agreement will not be terminated due to a mistake in which the other party did not know and should not have known about and when it is unjust
Real Estate
Dispute Resolution
A couple sold their apartment but did not cooperate with the purchasers to complete the transaction because they understood, allegedly, from their lawyer, that they had a ‘right to withdraw’ from the transaction subject to the payment of liquidated damages. The Court accepted the claim and held that the sellers are obligated to complete the […]
In the absence of intent to defraud or deprive a creditor of the company there is no place to pierce the corporate veil
Business, Corporate and Joint Ventures
Dispute Resolution
A company purchased pressure tanks equipment for a diving club operation of ILS 210,000, but the equipment was not provided to it even though the consideration was fully paid. The shareholder of the supplier was demanded to return the paid consideration personally. The Court rejected the claim against the shareholder and held that there is […]
A worker employed as an independent contractor and did not “integrate” into the workplace will not be deemed an employee
Labor Law and Immigration
Dispute Resolution
A realtor hired as a freelancer contractor sought to be recognized as an employee after a 16-month period in which he received sales commissions totaling ILS 10,000 plus VAT only. The Court rejected the claim and held that there was no employer-employee relationship between the realtor and the brokerage agency. The question as to the […]
What is the weak link in the chain and who is the boss?
Labor Law and Immigration
Commercial, Banking and Financial
Dispute Resolution
An article on the employer identity of employees in a chain managed through franchise agreements - are franchisee employees also employees of the chain?
