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Borrowed TV Broken, who's liable or damages?
Hello,
I'm asking on behalf of a friend.
My friend recently had to move house, and was unable to take all of his belongings, so he asked friends to store larger items whilst he got himself sorted. As he had to move in a hurry, he didn't get chance to organise self storage. Accordingly, He left a selection of items with a few friends who agreed to keep a hold of the items until such a time where they could be taken back.
Recently my friend asked for the items back, and arranged a time to go and collect the items. He had a van for the evening to use. He collected all of the items, except from a 42 inch TV.
His friend said that he would buy the TV, and to make an offer. My friend said that a heavily discounted price of £50 would be ok, as his friend has taken the time to store all of the equipment. The price and sale was agreed by both parties.
The agreement was that the money was to be made by bank transfer. The evening the bank details were sent to the friend (Friday), no money was transferred. Upon speaking to the friend, an excuse of "being stuck at work all weekend" was ployed. He promised that the funds would definitely be sent Monday.
As expected, no money was sent Monday and no contact could be made with the friend. On Tuesday, my friend received a message on facebook from the friend's parter, who said that the TV has broken, and that they would still transfer the money, however would have to throw the TV away. The picture of the damaged TV shows a cracked screen, which would only be caused by misuse.
As no transfer of funds had been made, was the item classed as sold? If they're refusing to pay, what can be done? Furthermore, if there wasn't technically a sale, would they be liable for the damage?
The friend has now turned around and said that aren't going to buy the TV, and that it has been thrown out as it was broken.
Where does my friend stand? Not only has he duped of £50, but he's also not got a TV, or the broken TV to try and get repaired.
I'm asking on behalf of a friend.
My friend recently had to move house, and was unable to take all of his belongings, so he asked friends to store larger items whilst he got himself sorted. As he had to move in a hurry, he didn't get chance to organise self storage. Accordingly, He left a selection of items with a few friends who agreed to keep a hold of the items until such a time where they could be taken back.
Recently my friend asked for the items back, and arranged a time to go and collect the items. He had a van for the evening to use. He collected all of the items, except from a 42 inch TV.
His friend said that he would buy the TV, and to make an offer. My friend said that a heavily discounted price of £50 would be ok, as his friend has taken the time to store all of the equipment. The price and sale was agreed by both parties.
The agreement was that the money was to be made by bank transfer. The evening the bank details were sent to the friend (Friday), no money was transferred. Upon speaking to the friend, an excuse of "being stuck at work all weekend" was ployed. He promised that the funds would definitely be sent Monday.
As expected, no money was sent Monday and no contact could be made with the friend. On Tuesday, my friend received a message on facebook from the friend's parter, who said that the TV has broken, and that they would still transfer the money, however would have to throw the TV away. The picture of the damaged TV shows a cracked screen, which would only be caused by misuse.
As no transfer of funds had been made, was the item classed as sold? If they're refusing to pay, what can be done? Furthermore, if there wasn't technically a sale, would they be liable for the damage?
The friend has now turned around and said that aren't going to buy the TV, and that it has been thrown out as it was broken.
Where does my friend stand? Not only has he duped of £50, but he's also not got a TV, or the broken TV to try and get repaired.
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