Posts by Doron Afik

A waiver of claims signed by an agent is valid and binds the principal if ratified through subsequent conduct

News
Committee members of a real estate purchase group signed a waiver of claims on behalf of the purchase group members as a condition for receiving surplus funds from the project, but some group members later contended that the waiver was signed without…

The extent of privacy protection in a public place depends on the circumstances and the degree of a person’s expectation of privacy in that place

News
A candidate in the elections for a workers’ committee contended irregularities in the election.  He demanded to receive full footage produced by the security cameras watching the entrances to the voting area in addition to those videos that were given to him…

Even if a will expresses the free will of the testator it does not mean that the testator was necessarily qualified to make it

News
A woman made a will in 2012 in which she distributed her property to her three children.  In 2017, after it was determined that she did not need a guardian despite being an 84-year-old and nursed, she made a will in a…

A trustee of a public trust may not circumvent the salary limit by receiving it from an asset indirectly held by the trust

News
The only two trustees of a public trust created an extensive system of holdings (including through two companies registered in Panama) and ended up with a private company from which they received a high salary. The Court held that this was a…

A negative past record may result in the disqualification of a tender bid

News
A tenders committee disqualified a sole bid in a tender for the provision of cleaning services due to the bidder’s negative past record. The Court dismissed the petition and held that the tenders committee’s decision to reject the bid based on the…

A supplier who terminates an engagement with a distributor because the distributor refused its demand for price coordination breaches an agreement

News
A gas products marketer, which sells products to several distributors, demanded that a store owner, with whom it had worked for 15 years, not advertise products at a price lower than the price it set.  After the store owner objected to the…

A partner who terminates a partnership agreement in bad faith may be obligated to pay compensation for loss of entrepreneurial profit

News
A farm owner terminated a partnership agreement with a company engaged in the marketing and construction of solar systems in favor of an engagement with a competing company, contending that he was entitled to terminate the partnership agreement at any time. The…

To impose personal liability on a corporate organ personal fault must be shown according to a subjective test

News
Property owners entered into a tenancy agreement with a company which was supposed to carry out construction work on the property to open a restaurant and a hotel.  After the tenant failed to pay the rent and did not commence the work…

A will shall be invalidated in case of involvement and undue influence by the beneficiary

News
A daughter, who inherited her late mother’s estate together with her sibling, sought to revoke the inheritance order due to a will in which the deceased bequeathed the entire estate to her. The Court dismissed the motion to revoke the inheritance order…

A notarized will for a hospitalized person requires a medical certificate from that day indicating competency

News
A man made a notarized will while hospitalized in a hospital and changed the beneficiaries from his former employer to his sister and her children. The court ruled that the will was valid. The law states that every person is competent to…