Legal Question in Civil Litigation in Pennsylvania

borrowed item

i thought i was given a pair of jeans to keep and 9 months after they were given to me, my friend wants them back or she wants me to pay. i loaned them out and they are lost now, but i do not feel responsible to pay because i thought they were a gift.


Asked on 5/11/08, 8:56 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: borrowed item

How much are we talking about here? The donor (the person who gave you the jeans) will have to convince the DJ that the jeans weren't a gift. Or even a sale but a loan or bailment. I doubt you folks keep track of things that well. After all you can't track down who you lent the jeans to. So I doubt either one of you has a shred of documentation on what the deal was with the jeans.

It cost over $100 to file in DJ court. If the donor loses. Then she's(?) out the jeans and $100+.

I doubt the jeans were ever worth more than $50 new.

{John}

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Answered on 5/11/08, 11:42 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: borrowed item

You asked about loss of beloved jeans.

My colleague is even older than I and may not realize the costs of things. After all, a Coke was only a nickel when he went to school and a movie (which could only be seen in theatres) were two bits.

He's right that doing anything legal is a silly question. But as to the moral law: How long did the person expect you to keep these jeans? What was the expectation? Did she want them back in the same condition or did she expect the would be used? If used then what use would be allowable or not?

There is also an issue called latches (look it up) where the lender has waited too long to have claim to the property.

And really, does she think she could still fit into those jeans? As if....

ttfn,

R

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Answered on 5/11/08, 5:40 pm


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