[Avodah] Shayala of Onaah

[Liron Kopinsky]

On Tuesday, August 7, 2012, Micha Berger wrote:

> RYS mentioned the error made in pricing El-Al tickets that led to very
> cheap airfares for some luck customers.  He asked:
> > What is the halacha of a shaliyach underpricing an item accidentally?
>
> El-Al will be honoring those prices. So, while I'm not answering your
> general question, in our case there are two possibilities.
>
> Either they decided for customer relations reasons to be mokhelim the
> money, and therefore there is no onaah.
>
> Or the FAA or some such agency is making them eat the loss. In which case
> the CM 359 version of DDD would apply, and I would think the qinyan is
> chal bedi'eved, but taking advantage of the shaliach's error might still
> have been assur lekhat-chilah.
>

A third possibility is that their contract with the third party stipulates
that if a mistake like this is made, the third party is liable, not El Al.
Presumably, if this were true, there would be no onaah issues, but I'm not
at all sure of that.


-- 
Liron Kopinsky
liron.kopinsky at gmail.com
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