Director told to put out goods for exchange, good goods taken out by mistake | Inadvertent damages | Ask the Rabbi - SHEILOT.COM

Director told to put out goods for exchange, good goods taken out by mistake

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Question

The management of a kindergarten ordered hygiene products, but by mistake a different product arrived than what had been ordered. Therefore, the kindergarten director told the teacher to put the goods that had arrived outside, and the company would come and exchange them. In practice, by the time the teacher came, the goods had already been exchanged, and it turned out that she put the good merchandise outside. It rained on it and it was ruined. Who is liable for the damage?

Answer

Shalom u-vracha.

If she did what she was told to do, she cannot be held liable for the damage.

Source

See siman 380:1: if a person tells another, “Tear my garment,” the latter is exempt from liability. Likewise in siman 340 regarding the return of a borrowed item: if the owner tells the borrower to send the animal and he sends it, the borrower is exempt.

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