Community Magazine November 2019

CHESHVAN 5780 NOVEMBER 2019 51 YOU JUDGE! BE THE A FLICK OF THE SWITCH Toby is an employed manager of a local butcher store. Aside from keeping the store organized and in good running order, his responsibilities include the opening and closing of the store each day. During the holiday season Toby’s workload was overwhelming, and one Friday morning he wrongly consumed alcohol while on the job. By late afternoon Toby was well intoxicated, and at the time of closing he accidently flicked off the switch of the freezer while he was busy closing the lights and the machinery of the store before leaving for the weekend. By Monday morning all the meat prepared for the next week’s customers was spoiled, and with no meat in stock the store sustained a substantial financial loss. In Bet Din, Fred, the storeowner, claimed that Toby owed him the full anticipated retail price of the spoiled meat. Toby sincerely apologized for his negligence and misconduct, though he was only willing to reimburse Fred for the wholesale purchase price of the meat. Fred explained that at the time it was high season and it was impossible for him to receive a new shipment from his supplier. He is therefore unwilling to forfeit his anticipated profits because of Toby’s gross misconduct. Fred withheld payment of Toby’s weekly salary and the yearly bonus due him after the holiday season as collateral for payment for his loss. IS FRED ENTITLED TO COLLECT FROM TOBY THE RETAIL PRICE OF THE MEAT SPOILED AS A RESULT OF TOBY’S NEGLIGENT MISTAKE? CAN TOBY SATISFY HIS OBLIGATION BY PAYING FRED FOR THE OUT OF POCKET LOSS WHICH IS THE WHOLESALE PRICE? HOW SHOULD THE BET DIN RULE AND WHY? YOU BE THE JUDGE and send your response to YouJudge@CommunityM.com Verdicts – and the accompanying rationale – will be reviewed by the Rosh Bet Din. The first three correct submissions received before the deadline will win a $50 gift certificate to a Community Magazine advertiser! Correct entries will receive honorable mention in the next issue when the Rosh Bet Din’s verdict is printed. Mabrook! 20th Anniversary servicing the community.