In article ,
"Peter Crosland" writes:
|
| The stamp manufacturer or supplier have no liability to him. The flower show
| organisers may do but it will be very small. At most he is entitled to value
| of his second-hand shirt which unless it is something quite exceptional will
| be no more than £10 and probably much less. He is not entitled to a new
| replacement. Even assuming the organisers had public liability insurance
| there would almost certainly be an excess of far more than the value of the
| shirt. Offer him a fiver and free entry to next year's show. If you have to
| send a letter to him make sure you put the words "Without prejudice" so that
| the offer can be withdrawn if he is stupid enought to go to court.

If you treat him as offensively as that, I hope that he sues you to
hell and back again!

He has a claim for the REPLACEMENT cost of his shirt, and NOT just
its SALE value, in the condition that it was. As the cheapest decent
shirt is nowadays over 20 quid, he may have bought an up-market one
at 50, and it may have been fairly new, 5 quid is insulting.

And, as BAC points out, he has a RIGHT to take the claim to court
(unless he is a vexatious litigant). And the courts might well be
sympathetic (as far as costs go) if he asked for reasonable
compensation and was given an offensive offer.

Yes, write with "no prejudice", but why not ask him how much he
paid for the shirt and when, and what he is asking for? He MAY be
just asking for an apology and a statement that you won't use that
technology again.


Regards,
Nick Maclaren.