By Rabbi Meir Orlian | |||
#142 |
Beshalach |
25.01.2013 |
N/A |
Q: I arranged to meet a potential client in a distant city. I flew there and ordered an expensive meal for two, but the person cancelled the meeting. Must he reimburse me for the expenditures?
A: The Rema (14:5) writes that a person who agreed to adjudicate in a distant city and tells his litigant to go and he will follow, but does not, is liable for the needless expenditures that he caused. This is included in the liability of garmi, since the other litigant traveled based on his word.
However, if the other litigant chose to make additional expenditures not directly agreed upon, the person is exempt, based on grama.
Thus, the potential client must reimburse you for the flight, but not for the cost of the expensive meal, which was your own choice. There is a dispute whether he is liable for the flight if he was forced to cancel the meeting (Pischei Choshen, Nezikin 3:[64]).
You must bring evidence to the amount of the expenditures; otherwise, beis din will estimate their value. Even if you bring receipts, beis din should still ensure that the expenses were reasonable and logical (Pischei Teshuvah 14:16).