Legal Question in Civil Litigation in West Virginia
money for an mp3 player
my daughter let a friend from school borrow her mp3 player when we went to get it back the girl had lost it. we had a verbal agreemnt the she would pay for it it the amount of 120.00 a few days after recieving the money she called and siad that they found the mp3 player and she wanted her money back because she wasnt paying for a broken mp3 player but it wasnt broken when the girl recieved it. what do i do?
1 Answer from Attorneys
Re: money for an mp3 player
Your daughter's friend is an bailee (has possession of property of another) and owes the duty of due care. This means she has a duty to return the property in the same condition as received. If the MP-3 player just wore out, then the friend was not guilty of negligence and does not owe for it. If she allowed it to drop or otherwise did not properly care for it, she owes the the fair value of the item. I cannot imagine how a MP-3 player would go bad unless abused.
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