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Israel Bar Exam: Substantive Civil Law (Contracts, Torts, Property, Obligations)

Israel Bar Exam · Work through your exam, one topic at a time.

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Substantive Civil Law (Contracts, Torts, Property, Obligations)

Contracts and obligations

Know the elements of contract formation: offer, acceptance, consideration (in Israeli law, the "cause" requirement is relaxed - gratuitous promises may bind when made in a formal manner or supported by reliance), and intention to create legal relations. Study the Remedies for Breach of Contract Law: expectation damages, reliance damages, specific performance, and the duty to mitigate. Trap: the "frustration" and "changed circumstances" doctrines are narrow; a party cannot invoke them merely because performance became less profitable.

Torts

The core is negligence: duty, breach, factual causation ("but for"), legal causation (proximity and policy), and damage. Know strict liability (nuisance, animals, defective products), the defenses of contributory negligence and consent, and the tort of breach of statutory duty. Trap: in negligence, foreseeability of the type of harm suffices; the precise manner need not be foreseeable.

Property and obligations

Distinguish ownership, possession, and lesser rights; know the rules on land registration (the principle that registration is conclusive), adverse possession, co-ownership, and neighbor law. Understand unjust enrichment as a residual obligation and the priority rules among creditors.

Worked rule of thumb

For any breach question: (1) was there a valid contract; (2) was there breach; (3) what is the expectation interest; (4) did the plaintiff mitigate; (5) any exemption or limitation clause valid under the standard-form contract rules?