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Unfair Competition: Difference between revisions
From Halachipedia
→The Leniency of a Unique Deal
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#If the second person can find a similar deal to buy or rent somewhere else he should not take it away from the first person.<ref>Bet Yosef 237, Pitchei Choshen Geneva 9:15</ref> | #If the second person can find a similar deal to buy or rent somewhere else he should not take it away from the first person.<ref>Bet Yosef 237, Pitchei Choshen Geneva 9:15</ref> | ||
#If the second person is interested to buy a bigger quantity or a piece of real estate that is bigger land than that of the first person he could do so since he isn’t taking the first person’s deal.<ref>PitcheI Choshen Geneva ch. 9 fnt. 29 citing Chikrei Lev CM 103</ref> | #If the second person is interested to buy a bigger quantity or a piece of real estate that is bigger land than that of the first person he could do so since he isn’t taking the first person’s deal.<ref>PitcheI Choshen Geneva ch. 9 fnt. 29 citing Chikrei Lev CM 103</ref> | ||
#If he can't find the same deal somewhere else some hold that he could try to supersede the first person to buy the item first,<ref>Rama CM 237:1</ref> while some forbid this.<ref>Shach 237:3 argues on the Rama based on the Ramban. Avnei Nezer CM 17 sides with the Rama, while the Aruch Hashulchan 237:1 accepts the Shach. Mishpat Shlomo 4:28 is strict like Shach.</ref> | #If he can't find the same deal somewhere else some hold that he could try to supersede the first person to buy the item first,<ref>Rama CM 237:1</ref> while some forbid this.<ref>Shach 237:3 argues on the Rama based on the Ramban. Avnei Nezer CM 17 sides with the Rama, while the Aruch Hashulchan 237:1 accepts the Shach. Mishpat Shlomo 4:28 is strict like Shach. Igrot Moshe EH 1:91 explains that Shulchan Aruch EH 35:9 holds like Shach, while Rambam Ishut 9:17 holds like Rama.</ref> | ||
#If a person finds a good piece of real estate and someone else was already engaged to buy it there is a dispute whether it is right to try to acquire it first.<ref>Pitchei Choshen Geniva 9 fnt. 36 writes that it is unclear if a person in real estate finds a house on sale and it seems that it is a good deal and it is a big effort to find something similar whether he can supersede someone who already is going for it. He writes that it seems to be a dispute between the Maharshal and Sharit Yosef but he doesn't offer a resolution.</ref> | #If a person finds a good piece of real estate and someone else was already engaged to buy it there is a dispute whether it is right to try to acquire it first.<ref>Pitchei Choshen Geniva 9 fnt. 36 writes that it is unclear if a person in real estate finds a house on sale and it seems that it is a good deal and it is a big effort to find something similar whether he can supersede someone who already is going for it. He writes that it seems to be a dispute between the Maharshal and Sharit Yosef but he doesn't offer a resolution.</ref> | ||
#If a person already had a license from the government to do job doing a certain job it is forbidden to try to outbid him and steal that license to get that job.<ref>Chatom Sofer CM 118</ref> | #If a person already had a license from the government to do job doing a certain job it is forbidden to try to outbid him and steal that license to get that job.<ref>Chatom Sofer CM 118</ref> | ||
