May 3, 17, 11:39 AM #1
You borrow something and break it. What's your obligation?I will try to keep this somewhat short.
Tom borrows a piece of equipment from Mary. While in Tom's possession the piece of equipment breaks. The piece of equipment is used and a few years old. What is Tom's obligation?
A. Pay to fix the item (if possible it can be fixed)?
B. Replace the item in kind (same model/brand a few years old)?
C. Buy a brand new equivalent piece of equipment?
Now, if Tom chooses C, to replace the broken, used piece of equipment with something brand new and equivalent, is Tom obligated to buy the exact same brand/model etc. or does/should he have a little leeway in that?Advertisement
May 3, 17, 11:41 AM #2If possible, option A.
If repair is not possible or it costs as much as a replacement, option C and it's the same one that you broke.
May 3, 17, 11:42 AM #3Option C, I hate being in debt to someone. If anything I would try to provide a better product/piece of equipment.
May 3, 17, 11:49 AM #4
May 3, 17, 11:50 AM #5
In short, I offered my friend anything he wanted including a brand new unit because I damaged his - it was cosmetic - but it was still damage and it was his new camera.
In short, he took a different offer I gave him which was purchasing a $300 battery pack to go with his now roughed up camera but I believe you are on the hook for total replacement.
May 3, 17, 12:09 PM #6
May 3, 17, 12:40 PM #7I would offer, in earnest, to do any of the three options mentioned in the OP...whichever is the owner's preference, and then do whichever they chose.
Years ago I borrowed a friend's circular saw to help build a second-story deck on a different friends house. Long story short, the saw ended up accidentally falling off the deck while we were building it and was absolute toast. The saw was about 10 years old and the brand was not manufacturing a worm-drive saw like that any longer, so I offered to find a "vintage" one like it online, or buy whatever equivalent saw he wanted, brand new. Ended up buying a new one.
May 3, 17, 12:44 PM #8
For sure option A first. Then B if it's available. C would be every last resort and I would do my best to get the brand they wanted.
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May 3, 17, 12:51 PM #9
May 3, 17, 12:52 PM #10
A and then C.
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May 3, 17, 01:23 PM #11I'd tell whoever it belongs to that I broke it and let them offer solutions to resolve it.
May 3, 17, 01:27 PM #12Easy. I don't borrow.
If I need something, depending on the situation, I will either rent it or buy it.
By the way, I seldom do any project that does not reward me with a new tool.
May 3, 17, 01:27 PM #13
I borrowed a pressure washer from a friend late last summer to do some work around the house. Came home one day to find it missing from my garage. Turns out, without my permission or knowledge, my youngest step daughters boyfriend had come gotten it, used it and in doing so because he's an idiot, destroyed the pump thus rendering the washer unusable. I was very upset to say the least as it's a $400 piece of equipment. Upon finding this out, I told my friend I would either get it fixed if possible, or if it couldn't be fixed or was going to cost about as much as a replacement, I would buy her a new one. Now, my idea of a new one was something at least equivalent and not necessarily the exact same brand/model, so I would shop around and see what was out there. After looking around I found better deals to be had, and was planning on (if I had to purchase a new one) buying an equivalent new washer, but a different brand. Looks like I am going to have to replace it, so new pressure washer it is.
In discussing this with her the other day and saying looks like I will go ahead and buy her a new one, she states that she wants it to be the exact same model and brand of the broken one. Well I found a better deal on another brand with the same brand and size/cc of engine (engine brand was a huge deal for her)...same pressure specs, psi and gpm of the washer. Well, I just kind of shrugged and said ok and I am going to buy the exact brand and model new...however, i don't think I am OBLIGATED to do that since I am replacing an old, used piece of equipment with a brand new piece. I personally believe I have a little leeway here and if I can find a better deal with a similar piece of equipment replacing used with new, then that should be ok.
But...she asked for the exact same thing so that's what I am going to do. I just wondered what others felt their obligation would be in a similar situation.
May 3, 17, 01:36 PM #14
These same kids cost me another $350 after purchasing a manual clutch kit for her car and immediately totaling the car with probably no more than 2 miles put on the clutch.
So in a span of about 2 weeks they cost me about $800 with nary a thing to show for it. But that's another thread all it's own.
May 3, 17, 01:39 PM #15