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A Digest of Selected Judgments of The Supreme Court of Israel

Published online by Cambridge University Press:  16 February 2016

Menahem Kanafi
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Extract

The following is a survey of major judgments of the Supreme Court of Israel published in (1986) 40 Piskei Din, vols. (i) and (ii), directly following upon our last digest, which appeared in (1987) 22 Is.L.R. 219.

One central decision published in the volumes presently reviewed, that of Zeitsov v. Katz (1986) 40(ii) P.D. 85, has not been included in this survey. The decision concerns the suit of a child born with a genetic disease, against a doctor whose allegedly negligent diagnosis led to the child's conception. This case has been discussed at length in an article which appeared previously in the Israel Law Review, and to which our readers are referred.

Type
Cases
Information
Israel Law Review , Volume 22 , Issue 3 , Winter–Spring 1988 , pp. 377 - 393
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1988

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References

1 Heyd, David, “Are ‘Wrongful Life’ Claims Philosophically Valid? A Critical Analysis of a Recent Court Decision” (1986) 21 Is.L.R. 574Google Scholar.

2 P.G. 1442, Second Schedule, (Hebrew) p. 855, (English) p. 1055, at 1089.

3 (1981) 35(iii) P.D. 223; see also Khamamra v. Defence Minister and another (1982) 36(ii) P.D. 755.

4 (1948-51) K.A. 1, at 559.

5 (1982) 36(iii) P.D. 439, at 442.

6 Mutzlah v. Defence Minister (1982) 36(iv) P.D. 610.

7 See, for example, Soliplast HaGalil Ltd. and another v. Starplast Industries 1967 Ltd. and another (1984) 38(i) P.D. 340; also, Oriental Shipping Agency (formerly Moss A. Levy) Ltd. v. Vulcan (1970) 24(ii) P.D. 45.

8 As in Pneidar Ltd. and another v. Castro (1981) 35(ii) P.D. 713 and Pneidar, Investment Development and Construction Co. Ltd. and another v. Castro (1983) 37(iv) P.D. 613.

9 Established in Gruber v. Tel-Yosef, Workers Group for Cooperative Settlement Ltd. (1981) 35(iv) P.D. 45.

10 (1983) D.M.I. 764, at 783.

11 23 L.S.I. 283, at 312.

12 15 L.S.I. 219, at 226.

13 Drayton, , The Laws of Palestine, Vol. 1, chap. 22, p. 161, at 209Google Scholar. The 1929 Ordinance applied to the case at hand. Today this provision appears as sec. 117(a) of the Companies Ordinance [New Version], 1983, supra n.10.

14 (1982) 36(ii) P.D. 309.

15 18 L.S.I. 64.

16 This assignment has been recognized in earlier cases. See, for example, Preplochik v. Mutas and another (1980) 34(iii) P.D. 551, in which a woman cared for her sister after an accident, devoting time and providing her with various services. The woman was held to be a repairor. She did not sue the tortfeasor for recovery; from her behaviour and from her voluntary care without expectation of restitution, it was possible to conclude that the woman had assigned her right of resitution to her injured sister.

17 22 L.S.I. 114, at 152.

18 Golan Heights Law, 1981 (36 L.S.I. 7).

19 Broadcast Authority v. Eshel (1973) 4 P.D.A. 298.

20 11 L.S.I. 58, at 61.

21 3 L.S.I. [N.V.] 5. See Kortam v. State of Israel (1986) 40(iii) P.D. 673.

22 L.S.I. Special Volume, 1977.

23 Mustapha and another v. Attorney-General (1954) 6 P.D. 581.

24 Eiluz v. Attorney-General (1965) 19(ii) P.D. 617.

25 Matusian and another v. State of Israel and cross-appeal (1981) 35(iv) P.D. 85.

26 Miller v. Minister of Transport (1962) 15 P.D. 1989.

27 Laviv v. Minister of Finance (1970) 24(ii) P.D. 313.

28 See. for example, Atlantic Fishing and Shipping Co. Ltd. v. Minister of Trade and Industry (1985) 39(i) P.D. 29, at 36.

29 A. Perlmutter v. K. Perlmutter (1976) 30(iii) P.D. 355.

30 (1960) 14 P.D. 59.