Legal Updates

An agreement provision referring to legal change will apply only in case of change of law or case law of the Supreme Court

April 6, 2017
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A petrol station and a petrol supplier executed a settlement agreement regarding issues of antitrust.  The agreement set certain terms that will apply in case of a "legal change."  After the District Courts granted two verdicts that changed the caselaw as to the issues related to the agreement one of the parties demanded to apply the agreement provision.

The Court dismissed the claim and set that interpretation of an agreement will be in light of the circumstances of its execution and in this case a change of law is required and not a change of caselaw.  Also, even if the parties mean to include a change of caselaw, it required that the parties will specifically state that it includes cases of various Courts and not just the Supreme Court and here no such intent may be inferred.  The term "caselaw" will ordinarily refer only to caselaw of the Supreme Court because only the Supreme Court is empowered in Israel to set caselaw.