An Overview of Israeli Contract Law

תקציר

This is a concise work detailing current Israeli contract law and associated fields (sales, international sales, arbitration, unjust enrichment and commercial torts). It is an extended version of the chapter "Israel" from the authoritative INTERNATIONAL CONTRACT MANUAL, 2014 (West\Reuters Thompson). In addition to black-letter law it discusses legislative innovations, interpretative and practical concerns and strategies, public policy considerations and other relevant issues that underline the contract law of Israel. The article is arranged analytically and comparatively rather than historically. It seeks to present law-in-action as seen through the lens of legislators, courts, practitioners, arbitration forums and foreign entities. Among the topics covered: • Sources and nature of Israeli law • Governing law and arbitration-- Choice of law, Choice of forum • Governing law and arbitration-- International sales • Court jurisdiction and enforcement of foreign judgments • Arbitration • Contract principles-- Freedom of contract • Contract principles-- Good faith • Contract formation • Offer • Acceptance • Definiteness • Intention • Form • Interpretation of contract • Estoppel and reliance • Delay, justifiable postponement • Force majeure • Warranties • Remedies for breach of contract • Remedies for breach of contract-- Specific performance • Remedies for breach of contract-- Damages • Remedies for breach of contract-- Rescinding the contract • Remedies for breach of contract-- Penal provisions and liquidated damages • Remedies for breach of contract-- Special remedies • Unjust enrichment, quasi-contractual, and other remedies for breach of contract • Commercial torts • Product liability • Unlawful limitation of liability and protection of the weaker party • Contracts of adhesion (standard contracts) • Prescription law • Set-off • Retention of title and credit on the purchase of a commodity • Government contracts