Wednesday, September 16, 2015

Are Jewish Holidays an Excuse for Breach of Contract?


About a week ago, I entered into a contract with someone for the performance of an obligation. It came due on September 14. When it was not performed, I pointed this out to the other person. Her reply was, "I was out of the office on September 11, and September 14 was the Jewish holiday."

I did not even know she was Jewish, and I am wondering what difference does it make? Jewish holidays, unless they fall on Saturday, Sunday, or a legal holiday listed in the statute book, do not excuse contractual performance. It is not worth pursuing, but I am wondering if this sort of arrogance is typical in the Jewish faith, and whether it is accepted practice to use a Jewish holiday as an excuse not to perform a contractual obligation.

If it is, I will keep it mind the next time my mortgage payment falls due on a Jewish holiday and see what the bank thinks of that.

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