Legal Updates2269 found

A retail fashion chain provided 34 marketable postdated checks in the amount of over ILS 4 million to an importer for goods to be received. The checks were deposited in the importer’s bank, but the importer’s business subsequently collapsed and the retailer canceled the checks whic due date has not yet arrived due to failure […]

A seller in an option agreement for the purchase of real estate insisted on the lack of a literal commitment, on its part, to cooperate with the potential buyer. The Court accepted the potential buyer’s contention that the seller had consummated the agreement in bad faith. While the principle of good faith in the consummation […]

A land owner was held accountable for zoning violations committed by the lessees of the property. The Court held that the land owner is criminally liable because it did not do everything in its power to prevent the prohibited use of the land by the lessees. Israeli law imposes on a land owner the responsibility […]

A husband signed an agreement in which he gifted his wife real estate. After about a year he regretted he signed the agreement, signed a power of attorney granting the rights to the real estate to his sons but did not inform the wife about the cancellation of the gift. The Court held that the […]

Two shareholders got into a dispute. As a result, one sought to establish a separation mechanism between them. The Court rejected the motion and held that a loss of trust between the parties does not necessarily justify separation. A loss of trust in a company managed as a kind of partnership may justify a separation, […]

A company that owns software of auxiliary programming services for mainframe computers discovered that a former employee begun competing with it by using a similar software. The Labor Court accepted the claim for copyright infringement by copying. Although the copyright protection of computer software derives from its definition as a literary work, this does not […]

A customer posted a negative review about a beautician without mentioning her name, but invited women to contact her privately and get her identity. The Court accepted the claim and held that the customer must compensate the business owner for defamatory publication. Israeli law defines defamation as a publication which may humiliate a person in […]

A lessee sought damages from the lessor due to works carried out in the building as part of the TAMA 38 project. The Court rejected the claim and held that the lessee knowingly entered into the lease agreement and did not act to reduce his alleged damages. A lessee is not allowed to contend discrepancy […]

Apartment purchasers in the purchase agreements the right to the building rights “at all times”. The Court rejected the purchasers’ contention that bulding rights that did not exist at the time of purchasing thea ppartments belong to them and determined that the consent in the sale agreement also includes forgoing future building rights. Building rights, […]

A person submitted several motions for approval of class actions against various businesses due to the inaccessibility of their websites, without bothering to contact them in writing first. The various business owners, who corrected the required, preferred to settle and pay thousands of shekels to the class claimer and his attorney in exchange for their […]

A customer made a reservation through the Booking.com travel platform for accommodations in France. Upon arriving at the accommodation on the appointed date, he discovered that his reservation has been unilaterally canceled by the host because he had not made additional payments which were required for the holding reservation. The Court held that the platform […]

A customer who signed up for the enrichment course unilaterally stopped his participation and refused to pay the balance of the tuition due to alleged misleading regarding the nature of the course. The Court accepted the claim and obligated the customer to pay its due as he did not even bother to read the agreement […]

Two parties negotiated the purchase of an apartment. The parties met to sign the agreement, which was marked as a “draft”, but the seller refused to sign due to a tax issue. The Court held that no binding agreement was executed and therefore the buyers are not entitled to damages for its breach. Israeli law […]

A provider of software development services demanded that the COO pay the debt of a foreign company with which it contracted. The Court rejected the claim and held that the contract is with the foreign company and the debt cannot be demanded from a private person. A service provider must distinguish between a company – […]

A son opposed the probate of his late mother’s will due to her cognitive incompetence as well as unfair influence at the time it was executed. The Court accepted the objection due to doubts as to whether the deceased was of clear mind at the time the will was drawn up. Israeli law states that […]

Several months after he signed a will in front of witnesses, in which he bequeathed his property to his young children and his wife, the deceased wrote a handwritten farewell letter in which he again stated that he bequeathes his property to his young children but did not refer to his wife’s share or the […]

A father of 7 children bequeathed all his property to one of his daughters, but a woman objected to the probation of the will on the grounds that she had been his common-law spouse for 17 years and is entitled to half of his property and rights. The Court rejected the objection to the probate […]

A marketing and sales employee established a competing business while working for his employer and after the work relations ended, he contacted his employer’s customers and recruited some of them as customers to his business. The Court accepted the claim and held that the employee stole a confidential customer list and breached the duty of […]

A person who signed a document that he believed to be a customer card, was surprised to find out, years later, that it was a letter of guarantee and that the beneficiary seeks to exercise that guarantee. The Court accepted the beneficiary’s contention as the guarantee was duly signed by the guarantor. The annulment of […]

An owner of a land plot negotiated its sale for about two months, but just before signing the agreement she withdraw because she discovered the existence of additional building rights for which she might pay a higher improvement levy than expected. The Court rejected the purchaser’s claim to consider the last draft agreement as binding […]

An employer discovered that a former employee used confidential commercial information that came into his hands as part of his work for the company, for the benefit of his new employer. The Court ordered the employee to compensate the employer due to the breach of fiduciary duty and good faith. When it comes to up-to-date […]

A daily newspaper published an article in which it reported about an ongoing criminal investigation, but later the suspect was acquitted of all charges. The Court rejected the claim against the newspaper for publishing defamation as the publication was true and served a public interest. Publishing something that may, Inter alia, humiliate a person in […]

A company was dissolved while still owing property tax to the local authority. The Authority demanded the debt from the controlling shareholder of the company. The Court held that the controlling shareholder must prove that he did not take assets from the company and as long as he did not do so, he can be […]

The tender committee of the Israel Land Authority disqualified three bids after they were placed in the tender box together by the same person. The Court rejected the petition of the disqualified bidders and held that the tender committee’s decision to disqualify the bidders due to apprehension of improper coordination should not be intervened with. […]