MONEY MORAL DILEMMA: Should Fearne stump up for Reggie's music collection?

dave2

Well I think the OP implies that Reggie paid for the music legitimately and used one of the providers that does not allow you to re-download the files (it's obvious that you should be able to redownload whenever you want but you might be surprised!)

There is certainly an argument that Reggie should have backed up his music and indeed is negligent/responsible for his loss by not doing so. This goes double since he lent out his laptop, he should have appreciated the increased risk.

On the other hand, Reggie is "not happy, but as she’s desperate he gives in". This isn't necessarily a situation where everybody has the time for the music to get backed up, maybe he's reluctant to lend it out because his backup drive recently failed.

I think it's important to consider that Reggie was doing Fearne a favour, and whether Fearne knew about the music. If she did know, it's clear that she takes on the risk and should pay up.

If she didn't, then it's a tougher call - it is unfair to make Fearne responsible for something she had no knowledge of, she had no opportunity to do anything about it. Normally I'd sway towards Reggie suffering it. But then Reggie wouldn't have lost the music but for doing Fearne a favour... Someone is going to have to call it a cost of their friendship, due to his reluctance, and considering nobody is likely to loan Fearne anything in future if she hangs him out to dry, I'm veering back towards it being Fearne. Or maybe they could split it.

Sheepster

He should just think himself lucky she didn't browse his "my documents", and find the file named "hot chicks"

Shiny.Side.Up

PDave wrote: »

He didn't back it up, his problem... Any computer user worth their weight in salt should back up media/documents if they don't want to lose them.

Seconded. If something is valuable or worth something to you on your laptop, back it up. There are enough sites out there offering remote backups for nominal fees - I get my entire computer backed up for free daily for the princly sum of $4.99/month (USD, so the GBP rate varies each month) It's definitly worth the peace of mind that my uni work and music (which probably comes to a similar sum these days) is backed up should anything adverse ever happen.

jamespir

his loss if he didnt back it up

tallgirld

£400!!!
What do you mean he didn't back it up. He probably nicked it off limewire now he wants his "friend" to buy it back. That aint no friend he's taking the mick!!!!

dbfisokay

When she took possession of the computer Fearne took responsibility for it (morally if not legally). That it was stolen was neither of their direct fault's although theft prevention was primarily Fearne's responsibility.

That Reggie gave it to her, is willing to claim on his insurance-presumably affecting his premiums- and has not indicated in the information given that he wants anything other than reimbursement for purchased music, suggests he is a pretty accommodating guy, so in principle Fearne does seem at an obligation to reimburse the £400.

Agreed, backing up one's music is always wise and as a charitable act Reggie could review if he actually requires to purchase all the music and might even agree to a repayment schedule to avoid immediate pressure on Fearne but intuitively, Reggie clearly did Fearne a favour and doing all she can to balance this seems reasonable. If she resists I'd feel very uncomfortable about the use of the word friend in connection with her.

englishmac

The value of the contents of the laptop and whether or not it was insured are irrelevant. The laptop was a valuable piece of kit belonging to someone who'd done her a favour. She should have taken good care of it. If she had taken good care of it, it is unlikely it would have been stolen within minutes. She should reimburse him for the laptop without him having to claim on insurance - it may sound a high cost to pay but there is a good chance that there were items contained on the laptop that can't be replaced.

janbanan

Whatever you borrow, you should find out what the cost would be in case you lose or cause damage to it. If the cost is too high then you don't borrow it. You don't blame a friend who's doing you favour, how stupid he might be...

MelissaC_2

You are all thinking morally, rather than logically. Reggie leant Fearne the laptop out of the sheer goodness of his heart. She, in return, provided no consideration for this action. For example, 'Reggie leant Fearne the laptop and in return she gave him £20' or 'Reggie leant Fearne the laptop as she agreed to do the washing up for a month'. For there to be a valid contract, something which can be then be legally enforced ie. to allow Reggie to make Fearne provide services to enable him to be put back into the position he was when he started (damages), there must be valid consideration (a benefit and detriment to each). This consideration is not present in the problem stated; therefore Fearne is under no obligation to provide Reggie with anything.

Morally speaking, you'd hope that she would; and that she'd feel really bad. But this is really irrelevant as everyone's opinions will differ as to what she should do.

jenniewb

Morally yes, Fearne should pay up for the music/stolen stuff.

But I am assuming Fearne is perminantly a little short of cash (hence her asking to borrow the laptop). With that assumption, Reggie would be a good mate if he either reduce the payment or set up some sort of direct debit between them.

I don't think he should let her off though- if she cares enough, she will feel bad that he has then got to stump up the cost of replacement and she'd want to help.