[Avodah] Cause of action?
Zev Sero
zev at sero.name
Thu Jun 5 15:22:46 PDT 2008
A friend sent me this question:
> Who knows Choshen Mishpat?
> Assume A has a claim against B. B believes the claim is invalid.
> A doesn’t sue B, but rather keeps threatening B that he will sue,
> and that he will tell people about it and cost B his reputation.
> B wants to go to Beis Din, but is frustrated because A neither sues
> him in court nor sends him a hazmanah. B wants to take A to beis din
> to clear his name. A beis din told me today that until B is actually
> sued the beis din can’t send A a hazmanah. True?
I answered:
Given the same facts, what cause of action would B have in court?
If A actually does tell people about it, then B has a cause of
action for defamation, but if he only threatens to do so, what
recourse do *you* think he should have?
I now put the question before the chevra, especially those with
experience in ChM. *Is* there some recourse this person should have,
to resolve the matter one way or the other? Is there some way he
can force the other person to put up or shut up?
--
Zev Sero Something has gone seriously awry with this Court's
zev at sero.name interpretation of the Constitution.
- Clarence Thomas
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