59 or specific tort, but where a party is deemed to have benefitted unfairly at the expense of another. It may also be useful as a cause of action accompanying a more ‘traditional’ one, such as copyright infringement, where there is difficulty proving damages (or where it is impossible to do so), but where the injured party can show that there is enrichment resulting from such unlawful conduct. Under such circumstances, a party may be required to reimburse the other party for its enrichment. Under Israeli law, a plaintiff must prove three cumulative elements in an unjust enrichment claim: (1) the existence of enrichment; (2) that the enrichment is at the expense of the plaintiff; and (3) that the enrichment is unlawful. Standard Form Contracts A standard form contract (or a contract of adhesion) is a contract with a uniform formulation intended for many engagements. Generally, the contract is drafted by one party, or at its request, in order to be used in agreements with its customers and is usually presented to the customer as a finished product that cannot be negotiated (“take it or leave it”). The Standard Form Contracts Law, 1982 was enacted to protect customers that are party to a standard contract. The law stipulates that in circumstances where - considering the entirety of the contract’s provisions and the context of the engagement - a specific clause of a standard form contract is found to be exploitative or provides an unfair advantage to a service provider, the court is empowered to invalidate it. The law also includes a list of instances which are presumed to be exploitative. Numerous claims, including class actions, are submitted alleging that the provisions delineated in the agreements which are the subject of the claim (in the case of a class action, for example, user agreements, or terms of service), prescribed by the service providers, are exploitative and hence non-binding. About the Authors The authors of this article, Nir Kehat (Partner), Sivan Wulkan-Avisar (Partner) and Iyar Yariv (Associate) are members of Arnon, TadmorLevy’s Litigation Department, and have extensive experience in civil and commercial litigation encompassing class actions and legal proceedings entailing prominent global corporations. For further information or consultation regarding litigation in Israel, please feel free to reach out to: nir@arnontl.com sivan@arnontl.com iyar.y@arnontl.com ISRAEL — LITIGATION
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