Legal Updates2320 found

Apartments purchasers in a TAMA 38 project in Herzliya, received possession of the apartments over two years late. The purchasers moved to receive their statutory compensation from the shareholder in the entrepreneurial company by virtue of piercing the corporate veil and due personal liability as an officer, as the entrepreneurial company had no other activity […]

A pension fund refused to pay a survivors pension to a common law-spouse of a deceased woman, because the fund contended that the prenuptial agreement executed between them indicates that they intended to get married. The Court accepted the claim for survivors pension despite the prenuptial agreement signed. The rights and obligations regarding a pension […]

A company that deals in urban renewal included the words “Europe Israel” in its name, similar to another company that deals in the same field, and which CEO moved to the first company. The second company contended to a tort of passing off intended to ride on its reputation. The Court accepted the claim. Passing […]

After the Nature and Parks Authority confiscated ornamental fish that were marketed without a license as required, the fish farmers published defamatory publications on the Internet against the farm to which the fish were transferred by the Authority, contending that such farm received the permit to keep the fish due to personal relationships with the […]

A woman contended that a lasting power of attorney executed by her elderly father in which he appointed her brothers as his proxy, was unduly executed due to the father’s legal incompetence. This, because the power of attorney was drafted after the father was referred to brain training for dementia and despite the fact that […]

Goods worth over one million euros were ordered from a company, but the company did not deliver the goods and did not refund the customer. The shareholder and his spouse, who was the actual “living spirit” behing the company, were demanded to repay the funds personally although the shareholder contended that he is recorded as […]

Buyers who discovered construction defects in their apartment, prevented the seller from fixing the defects and repaired them without his help. The Court awarded the buyers partial compensation due to them preventing the seller from correcting the defects. Israeli law requires the buyer of an apartment to allow the seller to correct a fixable discrepancy […]

A guarantor for a bank loan sought to cancel the guarantees signed by her for the loan granted to her son due to the fact that she does not speak Hebrew at the level required to understand the language of the guarantee and her signature is in the context of “Non Est Factum.” The Court […]

A conflict arose between two companies that entered into a contractual relationship. The first agreements executed between the parties included an arbitration clause outside of Israel, but a later agreement stated that Israeli law applies to the agreement, and that the parties agreed to be subject to the exclusive jurisdiction of the competent Courts in […]

Shareholders of a company entered into an agreement under which one sold his holdings to the other due to the financially unstable state of the company, with the contract stating that it embodies all the agreements between the parties. Despite this, the seller contended that before the conclusion of the contract, another oral agreement was […]

For a long period of time, parties negotiated for the provision of services, but this did not result in a binding contract. At the same time as the negotiations took place, some of the services there were to be included in the contract were provided. The Court held that the service provider is entitled to […]

A woman contended that she suffered damage because she was prevented from receiving an apartment that her grandmother bequeathed to her, due to the fact that the apartment was sold using a notarized power of attorney signed by the grandmother while still alive and demanded compensation from the notary public who authenticated the power of […]

A contractor tendered apartments to the purchasers and they were used for their residences for over a decade, during which entire period the apartments were connected to electricity, but the electricity supply through the Israeli Electric Company was regulated only after a decade. The purchasers considered the whole period as a delay in the delivery […]

Two experienced businessmen, who entered into an agreement to separate their assets, discovered that representations presented to each of them by the other party regarding the company that passed into his possession, prior to the execution of the separation agreement, but were not put into the agreement are incorrect. The Court rejected the mutual claims […]

A local authority reneged on its obligations towards a supplier, which provided services and equipment in the field of implementing educational enrichment programs in schools between the years 2017 – 2019 without a written contract duly signed by the authorized signatories, including the Ministry of the Interior appointed accompanying accountant. Support funds received by the […]

The Israeli Electric Company (IEC) announced that it intends to enter without a tender into a contract with a supplier for the management and operation of a call center, inter alia, due to the expected increase in calls to its hotline. The Court accepted the petition and held that an IEC is obligated to publish […]

A lender was given a check to secure a loan. The lender completed the date on the check and attempted to cash it approximately 10 years after the check was handed and approximately 7 years after the loan was defaulted but the check bounced due to the closing of the account from which it was […]

A bidder submitted its tender bid while it contained substantial amendments in the tender documents, particularly in the contract. The tender committee allowed the bidder to amend its bid while “ignoring” the amendments made and chose it as the winner of the tender. The Court accepted the petition and disqualified the bid due to a […]

A private company has not held board meetings or sent reports to its shareholders for over a decade. The Court rejected the minority shareholders’ contention for oppression in light of the lack of harm to their legitimate expectations to participate in the management. A conduct will be classified as ‘shareholders oppression’ if it harms the […]

An official in a bankruptcy proceeding in Australia requested to recognize the proceeding in Israel in order to trace all of the debtor’s assets in Israel, and to receive complete information and documents, including from third parties, due to the suspicion that the debtor intends to smuggle a residential apartment he owns. The Court recognized […]

Parties entered into a contract, for the provision of a bank guarantee for several years in exchange for a monthly consideration for the entire period of the guarantee. The contract also stipulates that it will end upon the return of the guarantee. Prior to the expiration of the guarantee, the parties extended the period of […]

Borrowers who entered into a loan agreement were surprised to discover that the agent appointed by them to sign the agreement, which had already been drawn up with the lender, signed additional annexes without their approval, in which, in addition to the consideration stipulated in the agreement, a transfer of rights in many properties was […]

Investors in a company contended that the share purchase agreement was an apparent contract because it hid the fact that the company allocated to one of the shareholders against a shareholders loan. The Court rejected the claim and stated the contract is not an apparent one. A contract entered into for appearance is a contract […]

A seller in a transaction for a sale of a company refused to pay the middleman for exercising the purchaser’s unilateral option to purchase the remainder of the company’s shares, even though the terms of the option appeared in the purchase agreement concluded through the brokerage of the middleman, including because of the fact that […]