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Old 08-09-2004, 01:46 PM
Nick Maclaren
 
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In article , "Peter Crosland" writes:
| 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.
|
| You are quite wrong. The law does not allow him to be in any better off than
| he was. He is not entitled to betterment i.e. he is only entitled to the
| second-hand value that is, as I said, unlikely to be more than £10 at the
| maximum. Take a look at the prices of secondhand shirts in charity shops if
| you don't believe me.

Can you not read plain English? Simplifying what I said:

He has a claim for the REPLACEMENT cost of his shirt in the
condition that it was.

You cannot demand that he spends hours of time and many pounds
of money searching second-hand shops for a suitable replacement,
but you can refuse to pay for the "worn" aspect of the shirt.

A fiver is insulting.


Regards,
Nick Maclaren.