הרב צבי דידי משיב כהלכה
Country: ישראל

on: In my warehouse there was a sink that I bought from a company, for about a week it was still in the packaging – now that I opened the packaging I found that it was broken, I do not know if I received it like this, or if it broke with me, – I turned to the company, and the seller – a God-fearing person – agreed that we will ask the opinion of Halacha – who should bear the damage?  

: In the case described, on the taker the obligation of proof that the fracture occurred in the seller’s possession, and as long as there is no proof of it, he cannot claim anything from the seller, the reason is that, because he has the fracture.   Sources and reasoning  

Question:

In my warehouse there was a sink that I bought from a company, for about a week it was still in the packaging – now that I opened the packaging I found that it was broken, I do not know if I received it like this, or if it broke with me, – I turned to the company, and the seller – a God-fearing person – agreed that we will ask the opinion of Halacha – who should bear the damage?

 

Answer:

In the case described, on the taker the obligation of proof that the fracture occurred in the seller’s possession, and as long as there is no proof of it, he cannot claim anything from the seller, the reason is that, because he has the fracture.

 

Sources and reasoning

 

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