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July 2, 2020
A retailer who received from a manufacturer goods for sale in consignation is liable for goods that were not sold but disappeared
A food manufacturer sold goods to a retailer under consignment terms, so that the retailer only pays for the goods it has actually sold.
June 29, 2020
A promissory note signed against an oral commitment for investment is not enforceable if the investment did not go through
Two entrepreneurs were signed on a loan agreement and promissory notes in the amount of USD 350,000 by an investor promising against this to invest a million Dollars in a company of theirs.
June 21, 2020
A realtor may charge brokerage fee from the lessee even if acted on behalf of the lessor
A lessee of an apartment met with a realtor of the lessor and agreed the terms of the lease.
June 18, 2020
A controlling shareholder is liable if sold shares under terms that put the company at risk of being “looted” of its assets
A controlling shareholder sold his holdings to purchasers who eventually caused the collapse of the company.
June 17, 2020
Funds received as a result of a tender won due to coordination between the tender participants will be forfeited by the State
Contractors who participated in a tender conspired that some would win the tender by way of the others intentionally submitting high offers, thus creating false competition.
June 15, 2020
A tenant that continues to hold the asset after terminating the lease may be deemed to have withdrawn from the termination
Tenants sent their landlord a notice of termination of the lease as he did not fix electricity issues, but nevertheless continued to hold the apartment for over six months.
June 7, 2020
A dispute will be heard in Israel even if Australian law prohibits this in an Australian franchise agreement
An Australian company, whose managers are Israeli entered a franchise agreement with a European food manufacturer to distribute its products in Australia.
June 4, 2020
A shareholder who chooses not to supervise the management of the company by another shareholder can not contend oppression of minority
A company purchased a commercial building located in Tirat Carmel to renovate and lease its parts to various business owners.
June 3, 2020
A debtor knows about an assignment of debt but pays the assignor instead of paying the assignee will still be in debt to the assignee
A bank provided credit to a company against a charge on its assets.
June 1, 2020
A tender bidder may not rely on experience of affiliates unless the tender specifically so allows
A tender participant has won the tender by relying on the experience of affiliated companies and only after it was declared winner did it amend its bid to add personal experience.
June 1, 2020
Non-execution of a contract due to lack of good faith in the negotiation may cause the contract to be deemed as if executed
The Haifa Municipality Tender Committee did not discuss the results of a taxi service tender for many months despite repeated inquiries, contending that it was necessary for committee members to study the tender and therefore discussed other tenders and that the chairman of the committee was not present.
May 26, 2020
The attachment of a bank’s guarantee to a tender offer amounts to a flaw justifying its disqualification
A tender participant attached to the bid a copy of the bank guarantee, while the tender terms required the attaching the original guarantee.
May 20, 2020
A liquidation order given in Australia or in another jurisdiction for a company of such jurisdiction will be recognized in Israel
The liquidators of a number of Australian companies sought to recognize in Israel liquidation orders of Australian companies, which were given by the Australian competent Courts in a liquidation procedure initiated by the Australian Tax Authority, so that they could take actions in Israel.
May 20, 2020
Even a director appointed by a shareholder acts independently for the benefit of the company and not for the appointing shareholder
As part of a family dispute, a shareholder has demanded the company to disclose information to the director appointed on his behalf.
May 18, 2020
Details of potential costumers (leads) are a trade secret
A website that provides advertising services for businesses and sells sale leads terminated its engagement with a business but retained data on the business on the website and conveyed detailed of people who showed interest in purchasing products competitors of the business.
May 17, 2020
When a vessel sinks in the Israeli territorial water a non-Israeli may also receive data from the Israeli authorities
A ship got caught a storm and sank in the Israeli territorial waters.
May 14, 2020
When an apartment is not recorded at the land registry there in no need for any recording for a pledge to obligate a receiver in bankruptcy
A person took out a loan and against it mortgaged his rights in an apartment.
May 8, 2020
Dilution of minority shareholders by issuance of shares will not necessarily be deemed oppressive
Shareholders of a publicly traded company contended that the controlling shareholders raised capital in order to take over the company by diluting their holdings in the company, resulting in the company entering the stock exchange's conservation list, limiting share trade and finally resulting in the company entering liquidation.
May 8, 2020
Personal involvement must be demonstrated beyond being a shareholder in order to hold a shareholder liable for a company debt
A supplier sought to hold a shareholder personally liable for a company debt by virtue of a promissory note on which the shareholder’s signature was forged - after the company failed to pay its debt and checks that were given by it bounced due to insufficient funds.
May 7, 2020
A lessor may exercise a bank guarantee during the Coronavirus crisis despite lessee’s claims for lack of a right to receive rent
A hotel owner ceased to pay rent during the Coronavirus crisis and opposed the cashing of the bank guarantee by the lessor.
May 7, 2020
A notarized signature creates a hard to rebuttal presumption that the signatory understood the content of the document and willingly signed it
Owner of land that was taken by eminent domain empowered another person to negotiate and sign a compensation agreement with the State.
May 4, 2020
Non-payment of city taxes by a company personally obligate its controlling shareholder
A holding company that held a number of properties in Tel Aviv went into liquidation and was unable to pay the municipality its debt for city taxes.
April 30, 2020
Financial difficulties do not justify non–forfeiture of an autonomic bank guarantee
A cooperative association retained the services of a company for building a residential project within a year.
April 26, 2020
Even if an arbitration clause as to shareholders disputes exists a dispute as to the behavior of the company is not part of such
A shareholders agreement in a company managing an event complex established an arbitration mechanism for disputes between the parties and a valuation mechanism in case one of the parties wishes to purchase the other party's shares in accordance with its right under the same agreement.
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