Legal Updates2171 found

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

A member of a sports club’s WhatsApp group was removed from the group and contended that the automatic message received on WhatsApp “removed from the group” harms his good name and constitutes a defamatory publication. The Court dismissed the claim and held that the act of removing a member from a WhatsApp group, by itself, […]

An investor who invested a total of USD 160,000 in various ventures in Africa demanded that the entrepreneurs sign a loan agreement and promissory notes in the amount of USD 350,000, promising against this to invest one million dollars in their company. The investment did not take place but years later the investor demanded the […]

One who sold an agricultural land for about ILS 200,000 sought to revoke the agreement because he was not aware of a planning procedure to change the land’s designation from agriculture to residential which resulted, during a short time, in an increase in the land value of 5 times the consideration paid. The Court accepted […]

The CEO of a company claimed that the decision of the company’s board of directors to fire him was made in violation of the company’s articles of association, which granted this authority exclusively to the shareholders, and this when the CEO has, despite being a minority shareholder, a right of veto over the resolutions of […]

A daughter who discovered that shortly before her demise her mother made a notarial will in which she completely disinherited the daughter and transferred her share to the grandmother, sought to oppose the will inter alia on the grounds that it was made by her dying mother without the medical certificate attesting to her mental […]

Rights in an apartment, which is a joint property of a “common-law marriage” couple, were divided unequally after their separation. The Supreme Court accepted the appeal and held that the apartment is a joint property and therefore cannot be divided unequally. The “community property presumption” doctrine establishes a presumption regarding spouses who live together and […]

An Israeli shoe manufacturer demanded compensation from a number of parties for damage caused to it as a result of the loss of a shipment of shoes sent to it from China to Israel, including the shipping agents in Israel, claiming that they are part of the maritime carrier. The Court rejected outright the claims […]

Two entrepreneurs founded a startup venture of procurement and recruitment in the field of human resources, but after a short period they shot down the activity of the company. The entrepreneurs did not carry out an orderly separation of powers and remained shareholders and directors in the joint company. One of the entrepreneurs turned to […]

One signed a memorandum of understanding in which he undertook to sell its farm at a reduced price and an agreed liquidated damages of ILS 200,000 in the event of its breach. After a few days, the seller realized that the document was intended to deceive the tax authorities and canceled the transaction. The Court […]

An elderly woman sued discovered that, contrary to an oral agreement between them, an apartment purchased by her jointly with her son and daughter-in-law was registered solely under the son and daughter-in-law names. The Court accepted the claim in full and held that half of the rights in the apartment is to be registered under […]

The CEO and shareholder of a company who signed a compromise agreement which included a general waiver of his rights in exchange for various compensations, sought to claim the labor protective rights due to an employee and which he did not expressly waive as part of the compromise agreement, due to the thwarting of part […]

A perfume manufacturer, who used the trademarks of luxury perfumes without their permission, contended that the use was made as a means of attribution to describe its products and this because the scents of its products match those of the luxury products and it needs to refer to the latter for the purpose of describing […]

A bank was negligent by providing incorrect data about a customer to the credit database managed by the Bank of Israel. The Court rejected the claim and held that in the absence of financial harm caused by the bank’s negligence, the client is not entitled to damages. The Credit Data Law requires banks to transfer […]

A local authority disqualified a tender bid because one of the components of the bid had a slight deviation of ILS18 below the minimum wage. The Court accepted the petition and revoked the decision to disqualify the winning bid due to unreasonableness. The protection of the bidder employees’ rights in a public tender is an […]

A couple signed a prenuptial agreement setting a complete segregation of property and shortly after their marriage the husband died intestate. The The Supreme Court held that the prenuptial agreement does not exclude the woman from her right under law to inherit despite the property segregation stipulated therein. The Israeli Inheritance Law does not recognize […]

An entrepreneur leased a 2,500 square meters of roofs from a private individual for the purpose of installing a photovoltaic (solar) system, but the agreement was suddenly terminated upon notice, apparently due to dissatisfaction with the economics of the transaction. The Court partially accepted the claim and held that the agreement was unlawfully terminated and […]

Homestead owners forbade their neighbors to use the service road that runs between the plots and which was used by the parties for nearly 60 years. The Court rejected the claim and stated that the right of use is not a proprietary right and may be revoked. A land license is a permission to hold […]

A couple of purchasers fell victim to fraud while purchasing an apartment in Kiryat Yam. The purchasers paid hundreds of thousands of shekels to an impersonating real estate broker and a woman pretended to be lawyer based on forged documents. The purchasers sought damages from their lawyer in the transaction. The Court rejected the claim […]