Sunday, November 22, 2009

Bava Batra 93 – Consequential Damages



In the case of garden seed, which is always sold for planting and never for eating, if the seller sold defective seed, what is his liability to the buyer? - Only the money for the seed itself, but not the expenses that the buyer incurred during the unsuccessful planting. Others say that the seller is required to pay also the buyer's expenses.

Who are these others? It is Rabban Shimon ben Gamliel, who issued the following ruling: “If one takes wheat to a miller, and the miller did not moisten it before grinding and, as a result, processed it into bran, and the baker processed it into crumbly bread – he must pay the customer also the value of his embarrassment and the embarrassment of his guests – and such was a great custom that existed in Jerusalem.”


Painting: Georg Flegel - Still-Life with Bread and Confectionary

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