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September 16, 2020
A duty of effort by a governmental authority is an enhanced duty, breach of which entitles to compensation
Landowners reached an agreement with the Israeli Land Authority according to which their lands will be transferred to the State, in exchange of a possibility for receipt of other lands of the same type and quality.
September 7, 2020
A breach of an employment agreement, as well as stealing trade secrets, constitutes a reason to invalidate an option agreement
An employee resigned and took home his work laptop along with the material on it.
September 3, 2020
A bank exercising a foreclosure order wrongly on an account that was not part of the order will compensate for beach of privacy
Three employees resigned and commenced working for a competitor established by one of them, taking with them several clients, and continued working with such using information acquired during their employment.
September 3, 2020
A loan to a company by a shareholder or companies under its control is a deferred loan upon liquidation
A company owned a factory that was formerly used to produce poultry fat based biodiesel and later produced raw material for animal feed.
September 2, 2020
Foreclosure of assets of a person who does not owe money is defamation and the defenses under law do not apply
A business owner took a loan and after failing to repay, a legal execution case was opened against him.
August 27, 2020
In the absence of an explicit provision a shareholder’s experience can not be attributed to a new company established for the purpose of participating in a tender
In a tender for renovation works and concession to operate a beach kiosk, the winning bid was of a company incorporated immediately prior to the submission of the bid and based on the experience of its shareholder.
August 25, 2020
VAT on interest is deemed part of the interest for calculating the maximum allowed interest on a loan
A company borrowed money from another company for a construction project at an interest rate of 16.
August 19, 2020
Past experience which is tainted with fraud is inapplicable as a precondition for participation in a tender
One of the prerequisites for participation in a water desalination tender was proof of past experience.
August 13, 2020
Absent a written agreement a real estate agent is not entitled to a brokerage fee even if was the efficient promoter of the transaction
A middleman who assisted to promote a real estate transaction but neglected to first enter an agreement with the seller, demanded the seller to pay him a brokerage fee.
August 12, 2020
A seller of an apartment must disclose to the purchaser all information about hidden defects in the apartment even in an “AS IS” sale
An apartment seller stated in the contract that there are no defects in the apartment, but about a month after handing over possession in the apartment to the purchaser, many humidity defects were discovered.
August 9, 2020
Despite the prohibition on champerty, a right of claim in torts may be transferred when merging companies
A mother company and a subsidiary merged by acquiring the full activity of the subsidiary (the target company) by the mother (the acquiring company) and then liquidating the target company.
August 9, 2020
Attaching a copy of the bank guarantee to a tender bid instead of the original is grounds for disqualification of the bidder
The Jerusalem Municipality issued a tender for the maintenance and restoration of bridges, tunnels and road structures in the city, with one of the threshold conditions of the tender being an unconditional bank guarantee for submitting the bid, in accordance with the form guarantee attached to the tender conditions.
August 7, 2020
Deduction of employee pension funds without depositing such does not by itself justify piercing the corporate veil towards all officers of an NGO
An employee in an NGO had funds deducted from her salary but not transferred to the pension fund and for this she sought to personally obligate the NGO’s board members for the debts of the NGO to her.
August 5, 2020
A party who does not raise at the first chance a contention that an arbitration clause exists agrees to its cancellation
Two parties signed a contract which included an arbitration clause.
August 4, 2020
A purchaser of land who fails to check possession may not raise claims against another who purchased the land before him
A purchaser of a plot of land sought to cancel a gift transaction made about eight years prior to his transaction and that, not only was not recorded with the land registry, but also not marked by a cautionary note at the registry.
August 4, 2020
Posting a negative review on a business page on Facebook without actually buying the product or service may be deemed defamation
A business owner demanded compensation for defamation from an influential person who invited his followers on Facebook to write bad reviews on a business page after its owner expressed herself on a controversial public issue.
August 4, 2020
A lawyer representing a real estate transaction need not suspect that his client is a fraud and will not be responsible for his actions
A man sold land that was not his own through fake passports and the landowners demanded compensation from the lawyers who represented the fraudster.
August 2, 2020
In a bargaining between shareholders as part of dissolution of a corporation due to oppression, the oppressed party will have preference
In a family dispute between siblings over family assets it was held that the partnership in the assets should be dissolved after one of them oppressed the other’s rights.
July 31, 2020
A breach of fiduciary duty by resigning employee may lead to limitations on freedom of occupation even in lack of contract
Three employees resigned and commenced working for a competitor established by one of them, taking with them several clients, and continued working with such using information acquired during their employemnt.
July 31, 2020
Use by an employee of confidential business information for establishing a competing business constitutes theft of a trade secret and a breach of fiduciary duty
A branch manager of a company supplying sales promotion and marketing founded a competing company, solicited employees of his former employer to come and work with him and in a well-coordinated move recruited company customers to the new competing business along with their business.
July 29, 2020
Non transfer of funds to a pension fund although deducted form the salary is grounds for obligating shareholders for debts to employees
A carpenter was employed by a company for about six months and then transferred to work in another company under similar control for another 4 years, while his social rights were calculated ignoring the period of his employment with the first company.
July 27, 2020
A claim against an officer of a company will be barred if it does not include specific details of the grounds for a personal liability
In the absence of a building permit, the winner of the tender was forced to dismantle buildings built according to a tender published by the Economic Company for the Afula Municipality, for the planning and construction of buildings as part of the restoration project of the Turkish train station and converting it to a recreation center.
July 26, 2020
Voluntarily contracting a company may only rarely impose personal liability on its officers
A company breached a contract with an investor, who sought to be compensated by the company's officers contending that they deceived him and acted in a negligent manner.
July 22, 2020
A company accused of criminal actions but goes under rehabilitation may receive a reduced penalty
Companies were indicted for publishing false reports in the amounts of millions of ILS in their books.
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