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Paying exact amount for property

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Meena025

Junior Member
What is the name of your state? CA

My friend was fixing a computer for his cousin. It was stolen and there is no insurance to go after. The friend's parents asked for receipts of purchase and that they would buy her the exact computer. It turns out that it is less expensive than what the cousin orginally paid two years ago. Does my friend need to pay for the extra amount? Thanks so much for the advice.
 


BL

Senior Member
No , as a matter of fact the PC that was stolen depreciated over that 2 years , and who knows about warranty .

The fact is they would get a New PC , with new warranty , and probably free INTERNET for 6 months .

He should pay the lesser price , and send proof and keep proof it's the same make and model .
 

JETX

Senior Member
And now for an ACCURATE answer!!

Meena025 said:
My friend was fixing a computer for his cousin. It was stolen and there is no insurance to go after.
What were the circumstances of the theft?? Was the friend charging for his repair 'services'??
It is very likely that the friend has no obligation at all to replace the computer. For example, if the services were a 'gratuitous bailment' (done without charge), the bailee only has to provide 'reasonable care and control' of the property. If the theft occurred due to no negligence of the bailee... then the bailee is not liable for the loss.

The friend's parents asked for receipts of purchase and that they would buy her the exact computer.
Even with that statement, an obligation to replace probably still doesn't exist.

It turns out that it is less expensive than what the cousin orginally paid two years ago. Does my friend need to pay for the extra amount?
No. If the computer is going to be replaced at all.... the parents can offer to replace 'with kind'... meaning a similar model, in the same condition as the one stolen. That means a USED machine, equal or similar! They do not have to replace with a NEW one.... nor of the same new value.
 

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