Legal Updates2276 found

Two parties to a real estate dispute signed a memorandum of understanding in preparation for a settlement agreement. The Supreme Court found that the contract is binding as the cumulative requirements of intent and specificity were met. Parties’ intent to form a binding contract which can be concluded from the existence of two main elements: […]

On February 28, 2024, a decree was officially published under which the VAT rate in Israel will increased from 17% to 18%. The decree will take effect on 01.01.2025.

A lessor entered into an agreement with a condition precedent for which no fulfilment date was stipulated. The lessor discovered that the other party had thwarted the fulfillment of the agreement and this before a reasonable time for the fulfilment of the condition precedent had passed. The Court found that the agreement had been breached […]

An employee demanded from his employer rights arising from his work for it, despite a partnership agreement signed between the parties before starting his work. The Labor Court accepted the employee’s contention because in practice the employee was not a partner in the partnership that managed the business in which he was employed. The existence […]

A lease agreement set that the leased house in a good condition but during the lease, for circumstance not related to the lessees, the house burned to the ground and the lessor demanded that the lessees pay for the difference between the insurance proceeds and the value of the house. The Court rejected the claim […]

A person has drafted a handwritten document which was written after his duly made will, in which it was recorded that he intends to divide his property among his children as a will instead of his previous and detailed one that was signed in the presence of witnesses. The Court rejected the probate motion in […]

After differences of opinion emerged between three shareholders in a company who also serve as directors of the company, two adopted a resolution according to which the company would file a lawsuit against the third, despite the founders agreement which stated that all resolutions should be made unanimously. The Court held that the lawsuit should […]

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 […]