Lip Liabilities: Verbal Abuse or Gossip

Lip Liabilities: Verbal Abuse or Gossip!

from projectfellow.org

By Rabbi Yosef Y Ettlinger

Many schools require the teacher to arrange for a substitute, should the teacher need to take a leave of absence.

R. Berger was an acclaimed and noteworthy educator in a prestigious Jerusalem girl’s seminary. As a world renown speaker and sought after inspirer, R. Berger would travel periodically around the globe on speaking tours. He customarily hired R. Adler to teach his classes while on leave.

On Sunday January 29th, R. Berger emailed R. Adler and asked him to fill in for the two weeks of February 5th and February 12th.   Adler had an alternative option for the week of the fifth, but turned it down in favor of this two week employment.

On Feb 1st, the principal’s neighbor told her that she is aware of a R. Cohn who is from the most dynamic teachers in the country. “Why don’t you hire R. Cohn to cover R. Berger’s classes? While R. Adler may be decent, I am sure that Cohn is far more effective.

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The Jewish Ethicist: Speculation

The Jewish Ethicist: Speculation

from aish.com

By: Rabbi Dr. Asher Meir, Business Ethics Center of Jerusalem

Q. Some people make a lot of money on speculation. Is it really ethical to make money without producing anything, just by guessing which way prices are going to move?

A. Fundamentally, speculating is an economically productive activity. But there is no question that it does present some ethical challenges.

The economic importance of speculation is that it encourages the efficient allocation of resources. When speculators hoard a commodity anticipating a future shortage, the result is that when there is indeed a future shortfall in supply, adequate stockpiles will exist. In the framework of modern competitive markets, speculation contributes to effective exploitation of scarce resources.

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Drafted N’ Duped

Drafted n’ Duped!

from projectfellow.org

by Rabbi Yosef Y. Ettlinger

With apartments in high demand, Ray Field saw the following advertisement in the DC area Classifieds. “Airy, comfortable, spacious apt. contact present tenant Joe Berger … must buy existing used furniture.

September 14th 1969… drafted! Dr. Ray Field, a young cardiologist in  NY Beth Israel Medical was summoned to provide ongoing care to US army veterans in the Armed Forces Retirement Home Washington Campus.

Incredibly, Ray and his wife Carol received permission to live off campus, in walking distance from the nearby fledgling Summit Hill Ahavas Torah Synagogue.

Desperate for a place to live, Ray agreed to purchase the existing furniture from Joe Berger for $2,000 (buying power of $12,314.11 in 2011 see CPI Inflation calculator) . Berger then put Ray in contact with the landlord.

 

Ray forwarded 12 head checks to the landlord and intended to meet Berger as they pulled in to their new home.

Excited, though apprehensive about their new beginnings, Ray and Carol pulled up to their new home in Summit Hill, knocked on the door and were warmly greeted by Berger.

Carol took one look at the furniture and almost fainted! “Joe!  This furniture is ten years old!  It’s not worth more than $500! We’re taking the apartment and here’s $500 for the furniture.”

“Mrs. Field, Indeed this furniture is ten years old. But, I moved in here a year ago and the previous tenant forced me to purchase this furniture from him for $2000. I’m just passing down the rip off  to you…”

What’s the Law?

The Answer

The Fields may take the apartment and do not have to uphold their verbal commitment with the previous tenant regarding the furniture (see detailed explanation).

Detailed Explanation

Joe Berger overcharged the Field’s four times the market value simply because he was ripped off last year.

This episode transpired in 1969. There were no digital imaging, e-mail, etc. There was no way for the Fields to have “seen” the merchandise before their consent. Instead, the Field’s reasonably assumed that while the furniture was advertised as used, the $2000 was a fair market value for the quality they were to receive .

In addition, the difference in price and true value was so immense that it could be viewed as though the Field’s did not receive the type of merchandise they agreed to purchase. As such, the Field’s need not “keep their end of the deal either” [Choshen Mishpat 233: 1]

Joe Berger wished to monopolize on the  opportunity. He was not appointed as an agent for his landlord. Instead, the Field’s ultimately dealt directly with their landlord.

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Seem Stressed or Seamstress?

Seem Stressed or Seamstress?

from projectfellow.org by Rabbi Yosef  Y. Ettlinger

Seem Stressed or Seamstress?

Aviva purchased a dress for $50.00 which needed alterations. She took it to Mrs. Adler the local seamstress. Mrs. Adler altered the dress appropriately and Aviva wore it twice thereafter.

Subsequently, Aviva realized that she needed the dress to be let out by the seams. She purchased material for $14.00 and returned to Mrs. Adler one Tuesday.

Aviva explained to her that she needed the dress on Thursday of that week, as she wanted to wear it for an occasion out of town on Sunday night (her engagement party). Aviva described to her exactly what she wanted done to the dress and how she wanted it to look. She asked her not to add any flares but to make sure that the dress was straight. The two agreed on a price ($85.00) and Mrs. Adler gave her word that although it would be a difficult task, she would have it ready for Thursday.

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The Talmudic Formula for Success

The Talmudic Formula for Success

from aish.com

by Bob Diener

After practicing corporate and securities law for a couple of years at one of the largest law firms in the world, I decided to pursue my entrepreneurial passions and start a travel business. I worked hard and had a passion to succeed. My dream was to have enough annual profits to sell the company and have enough funds from the sale to retire and do whatever I wanted to do for the rest of my life. Buy a nice condo, fancy sports car, travel and more. When we exceeded that annual profit goal, I sold the company and moved back to Florida where I grew up to enjoy life. I thought I reached a level of great success, but six months later I was so bored. I didn’t feel successful. I felt a lot was missing.

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It’s a Boy

It’s a Boy

from projectfellow.org

By: Rabbi Yosef Y. Ettlinger

It’s A Boy     Issue #: 096

19 JUNE 2017 RABBI-YOSEF-Y-ETTLINGER SUBJECT MATTERS: CHILDRENCONTRACTUAL LAWEMPLOYEE / EMPLOYER RELATIONSMEDICAL FEESSERVICE PROVIDERWORKER’S COMP

 

Its a Boy!

Mrs. Greenfield hired Doula Fried, to assist her in delivering her newborn. Early, Tuesday morning, Mrs. Greenfield sensed that the awaited time was imminently approaching. In general though, Mrs. Greenfield upheld a history of elongated ordeals.

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The Jewish Ethicist: Educational Embargo

The Jewish Ethicist: Educational Embargo

from aish.com

by Rabbi Dr. Asher Meir, Business Ethics Center of Jerusalem

Q. A local retail chain treats the clerks inhumanely. Should we avoid buying there?

A. Previous columns have discussed two kinds of boycott: a boycott undertaken in order to counter price-gouging or avoiding a merchant because of his overall ethical behavior .

The first is perfectly legitimate because the customers are defending their own interest. The main ethical consideration is to adequately document that price-gouging is actually present; otherwise, the boycott baselessly deprives a merchant of his livelihood. Another relevant consideration is equity: if many merchants are equally culpable for a particular behavior, it’s not fair to arbitrarily single out one for action.

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Over The Range

Over the Range

from projectfellow.org

by: Rabbi Yosef Y Ettlinger

Over the Range!     Issue #: 098

Over the Range!“Your fresh-cooked vegetables shouldn’t come out of the microwave soft and mushy. Our sensor-equipped models take the guesswork out of cooking many common foods by using built-in sensors to automatically set power and time based on food moisture levels.” [GE Website]

“Convection oven cooking combined with microwave power produces beautifully baked and roasted foods fast. The convection fan is mounted on the right side of the oven and is surrounded by a 1550-watt heating element, allowing you to convection bake in your microwave oven at any temperature between 225 and 450 degrees.”[GE Website]

 

*

Anita Gross drove by  David’s Appliance Depot on Reisterstown Rd. in Baltimore, MD and saw her to dream GE Profile 1790 sensor technology Convection over-the range Microwave oven featured in the storefront window.

“We have one left. We’ll give it to you at our bargain giveaway price of $950. We offer optional payment plans as well with no extra fees! You won’t find a better deal anywhere in town…Don’t give up this once in a lifetime opportunity. By the next shipment, we’re raising the price to $1050”, pressed the salesman… Persuaded…though a bit wary…Anita handed the salesman three hundred fifty dollars cash and two post dated checks for three hundred dollars each.

Driving home with her prize in her trunk, Anita stopped off for a pizza at a local Kosher Pizza Shop when she eyed an advertisement in the “Where What When” Jewish Monthly on one of the tables. Abe’s Appliances featured her dream 1790 for $694. Mortified, she went home, did some homework and found that she was duly ripped off – over the range! GE’s suggested retail price was indeed $694. Incensed, Anita returned the next day to David’s Appliance Depot and demanded a sale reversal. “It’s a done deal Madam…”

 

May David’s Appliance Depot charge $950 for merchandise valued at $694?

 

Does Anita have any recourse on the day of purchase?

 

Does Anita have any recourse the next day?

 

 

 

What’s the Law?

The Answer

Generally, David’s may not charge $950.  If Anita discovers that she was overcharged 16% of the going rate, she may have recourse (see detailed explanation).

Detailed Explanation

Over the Range! Implicates the following four laws.

Taking advantage of an individual by overcharging or underpaying is generally prohibited [Choshen Mishpat 227: 1].

A customer who discovers, within the timespan necessary to ascertain the true value of the article (and return to the proprietor), that he or she paid more than 16% of the going rate, may generally rescind on the sale and demand his/her money back  [Choshen Mishpat 227: 2].

 

After the timespan necessary to ascertain the true value of the article (and return to the proprietor, the customer forfeits this right to retract on the deal. We assume that the customer ascertained the value, pardons the proprietor and consents to having been overcharged [Choshen Mishpat 227: 7].

Is a consumer who has not yet paid in full likely to consent to the degree of overcharge after the timespan necessary to ascertain the true value of the article, or does he/she view their holding on the money as leverage through which he/she can use to ensure a fair price as long as he/she still is in possession of the money?   [Ketzos HaChoshen 227: 3]

As valid arguments can be made to both sides, we would leave the status quo, and would not obligate the consumer to continue paying the full agreed upon price.

Are head-checks considered having paid for the article in full?

This depends upon the society. Generally in America one cannot receive cash for head-checks. Additionally, the issuer retains the right to cancel the check. A check is simply an IOU.

 

However, in Israel it is common to be able to redeem third party head checks for cash. In addition, in Israel, like in Old British Law, it is a felony to indiscriminately cancel a check.

 

Thus, in an American style society, having given head checks is deemed as though the merchandise has yet to be paid for in full.  Whereas, there is strong reason to believe that in an Israeli style society, forwarding head-checks is as though the merchandise is paid for in full.

Application

David’s Appliance Depot overcharged Anita more than 16% of the going rate. Anita did not notify David’s or return until the next day which was after the timespan necessary to ascertain the true value of the article. Thus, she theoretically, forfeited her opportunity for recourse. However, two thirds of the payment were in head checks. In America, we will assume that full payment was yet to be paid. We would therefore, allow Anita more time to rescind on the deal.

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The Jewish Ethicist: Upcoding

The Jewish Ethicist: Upcoding

from aish.com

By Rabbi Dr. Asher Meir, Business Ethics Center of Jerusalem

Q. Insurers insist that every procedure be reimbursed according to its code. But sometimes a procedure that usually takes five minutes takes an hour. Can’t I record a higher-level code in order to get fair recompense?

A. The practice you describe is often called “upcoding” – recording a code for a procedure more expensive than the one the patient needs. It is recognized as a form of insurance fraud, or if the insurer is the government as a form of defrauding the government.

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