Poll

What would this guy have owed me?

The original price I paid
7 (9.3%)
The replacement cost only (if lower)
11 (14.7%)
The full replacement cost (if higher)
57 (76%)

Total Members Voted: 75

Author Topic: The correct reimbursement for something lost or broken  (Read 2979 times)

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Venus193

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The correct reimbursement for something lost or broken
« on: December 22, 2013, 08:38:19 AM »
Please note that the question is to get an answer for future reference:

About a year ago I lent a DVD boxed set of a TV series (Dark Shadows, 1991 series) to someone in one of my meetups.  He left the group about two months later over a dispute with someone (which could have been his girlfriend) although he remained in some other groups that other members of this one belonged to.

I was FB friends with him so I sent him a message (about a month after his departure) asking him to return the set.  When I didn't hear back from him two or three months later I purchased a replacement and just chalked it up to experience.

Two weeks ago I noticed he was hosting something in another group I wanted to attend.  I RSVP'd my attendance and sent him a message asking him for the set back.  He didn't reply, but did return the box last night.

Had he not done so, the right thing to do would have been to provide a replacement or reimburse me for it.  The question is what he would have had to pay me because DVD sets change price. 

I think the price dropped at the time I purchased the replacement.  Now the item in question is out of print and replacing it would cost 3x the price I think I paid for the original.

cicero

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Re: The correct reimbursement for something lost or broken
« Reply #1 on: December 22, 2013, 08:53:42 AM »
I'm not sure what the difference is between option 2 and 3 (my brain is operating on very little sleep).

I think that you should get back the same thing you had and whoever borrowed and didn't return it to you should "make you whole". since (i think) the item you had was used, it would be OK in my books if he got you a second hand (in perfect condition) set.

But this is *exactly* why I don't lend out or borrow books and DVDs. they often get lost, misplaced, you move away, they move away, you have a fight, etc. it's not that i don't *want* to return the book but it somehow doesn't happen.

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123sandy

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Re: The correct reimbursement for something lost or broken
« Reply #2 on: December 22, 2013, 08:56:11 AM »
He should either pay you the replacement cost or replace them himself.

I never loan out books/DVDs/CDs anymore as I find people think nothing of keeping them...

shhh its me

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Re: The correct reimbursement for something lost or broken
« Reply #3 on: December 22, 2013, 09:16:24 AM »
  I think all 3 options are a polite choice.   Honestly a person should make you whole before an item becomes a collectors item and I think that the owner has some responsibility to demand their items prior to that point.   Value at time lent seems fair to me.  If lead me a book a first edition small printing from an unknown author and that persons next book happens to be the next Harry Potter , its not completely reasonable for the $28 book I borrowed to become a $10,000 debt.

Margo

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Re: The correct reimbursement for something lost or broken
« Reply #4 on: December 22, 2013, 10:25:13 AM »
You replace like for like.
If the item has gone down in value since you bought it, he should only replace it, not be expected to pay you what you paid for it. Likewise if it is more expensive, you should not be expected to be out of pocket.

I think the exception would be if you've left it a long time and let the person believe it was unimportant - so in Shh's example, If you'd left it a year or two without chasing, and then the item rocketed in value, I don't think it would be reasonable to expect a full replacement, but if you'd lent it, had made it clear you wanted it back and then it went up in value then i don't think it's reasonable to leave you with a a big loss (even a loss of a windfall).

VorFemme

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Re: The correct reimbursement for something lost or broken
« Reply #5 on: December 22, 2013, 10:59:14 AM »
I loaned a friend of VorGuy's a book to read while he was visiting us.  Turned out he was a slow reader and he kept it for two years (I hounded him by mail to return it - college students may be buying a lot of books - but most of our money goes for school books, tuition, & living expenses - not "recreational reading material").  It was a trade paperback - so larger in size than the standard pocket size.

He took it overseas (Army assignment) and finally sent it back after over two years...with a broken spine, loose pages, and a LOT of wear & tear.

I still have it - with a rubber band to hold the loose pages in place.  It is a great reminder why most of my books don't leave the house.  Exceptions exist - Mom, Lil Sis, Ambrosia Hino (DD), and a very short list of other people.  With a slightly larger spending budget, though, I'd rather buy them a copy at the used book store or an ebook version (if they have an ereader) - because I tend to read in the middle of the night, if I have insomnia and I never know what I'm going to be in the mood to read.

Yes - I have that book in electronic form now.  Because I'm afraid of loosing the loose pages....if I ever find it at the Half Price Bookstore, I'm going to buy a replacement copy.  Haven't found it yet....
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MariaE

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Re: The correct reimbursement for something lost or broken
« Reply #6 on: December 22, 2013, 11:23:52 AM »
The replacement cost, no matter if it's higher or lower. Since that's not an option, I haven't filled out the poll.
 
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Queen of Clubs

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Re: The correct reimbursement for something lost or broken
« Reply #7 on: December 22, 2013, 11:39:47 AM »
I agree with MariaE: the full replacement cost, regardless of whether it's higher or lower.

I rarely lend out CDs, DVDs or books any more.  All too often, some people act as though they're worthless - probably because it didn't cost them anything to get hold of the item.

jaxsue

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Re: The correct reimbursement for something lost or broken
« Reply #8 on: December 22, 2013, 11:41:55 AM »
He should either pay you the replacement cost or replace them himself.

I never loan out books/DVDs/CDs anymore as I find people think nothing of keeping them...

This. I only loan them if I don't mind never getting them back.

Amara

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Re: The correct reimbursement for something lost or broken
« Reply #9 on: December 22, 2013, 12:13:47 PM »
You get the item back regardless of the replacement cost.

And I agree with Jaxsue; I never lend anything I want back. My mom is the only exception.

Venus193

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Re: The correct reimbursement for something lost or broken
« Reply #10 on: December 22, 2013, 12:16:13 PM »
In this case the guy was the organizer at the time, so I had a reasonable expectation of getting it back.

But you are right and I will probably never lend anything again/

NyaChan

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Re: The correct reimbursement for something lost or broken
« Reply #11 on: December 22, 2013, 12:40:47 PM »
You give back whatever you take. He took a box set of DVDs from you, he has to return a box set of those DVDs to you. 

If he can find a used copy that is in as good or better condition than what he borrowed, I'd be okay with that, but otherwise, the fact that it is more expensive now is just too bad for him.

m2kbug

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Re: The correct reimbursement for something lost or broken
« Reply #12 on: December 22, 2013, 02:28:33 PM »
He borrowed a set of DVDs and he needs to return a set of DVDs.  The fact you found them on sale really doesn't matter.  If he can find them on sale, great; otherwise he'll have to pay full price.  I would also be okay if he found a used set in good condition, but if you borrowed a set and they expect a brand new set to replace the ones you lost/broke, then you're stuck eating the cost of that one. 

purple

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Re: The correct reimbursement for something lost or broken
« Reply #13 on: December 22, 2013, 08:47:32 PM »
I don't think whether the DVD set is more or less expensive now should come into the equation at all.

He borrowed a DVD set and he should return the DVD set.  If something happened to the DVD set then he should provide you with a brand new replacement set.  If the DVD set is no longer available brand new, he should provide you with a second hand set that is in at least as good condition as your set was when you gave it to him.

I think a monetary reimbursement is inappropriate, since then you would have to go to all the trouble to find the DVD set yourself and order it all over again etc.  He should be the one to go to that trouble, since he is the one that lost or damaged your original set.

Outdoor Girl

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Re: The correct reimbursement for something lost or broken
« Reply #14 on: December 22, 2013, 09:11:16 PM »
I don't think whether the DVD set is more or less expensive now should come into the equation at all.

He borrowed a DVD set and he should return the DVD set.  If something happened to the DVD set then he should provide you with a brand new replacement set.  If the DVD set is no longer available brand new, he should provide you with a second hand set that is in at least as good condition as your set was when you gave it to him.

I think a monetary reimbursement is inappropriate, since then you would have to go to all the trouble to find the DVD set yourself and order it all over again etc.  He should be the one to go to that trouble, since he is the one that lost or damaged your original set.

I agree.  It should be up to the person who lost/damaged the borrowed article to replace said article.  So how much it costs to replace it is really immaterial.  The only time money should come into play is if the borrower is unable to find a replacement.
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