Halacha2go

Mistaken Advice & Halachah of Torts

There is a classic case brought in halachah regarding a money-changer who errs in appraising a coin—“Mar’eh dinar leshulchani” (lit., he shows the coin to the broker)—and his recommendation causes monetary loss for his customer. Depending on the circumstances, the broker may be liable for compensation, due to the authoritative nature of his advice.

The application of this halachah can extend to a range of situations where a person falls victim to misleading or false information provided by a professional or someone acting as an authority: an optician provides the wrong lens prescription and causes harm to the customer or his possessions; an engineer’s construction recommendations result in damage to personal property; a food manufacturer’s negligence in providing allergen information leaves a sensitive consumer ill.

Accountability in all these cases is attributable to generic (if wrong) advice—and no malicious intent at all. But the fact that the contractors are paid, or have otherwise acquired the customer’s trust may make them liable for damages.

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