A Fundamental Violation in a Sweeping Section
- Buying an apartment in Israel
- The Sales Contract
Sometimes a book author or research editor who deals with practice comes across a special surprise. He finds that he has been making contracts for many years contrary to the binding ruling of the Supreme Court.
Sometimes the practice operates in isolation from binding laws and the provisions of the law for decades.
This is what happened in the matter below; As far as I can remember, in most sales contracts, a sweeping clause or a basket clause is detailing the clauses or cases where a breach will be considered a fundamental breach. And my eyes see that not only is the clause contrary to the case law and the law, but the same result of a sweeping clause could easily have been reached if the contract had been worded slightly differently.