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Damages Must Be Paid For

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Comments

  • You are meant to pay the cost of the item, not the retail value of the item so as to put the retailer back in the same position before you were clumsy.

    This is actually more debatable.

    For the retailer to be in the same position they would have to have the item back on their shelf ready to sell and make its profit on. For some things its as simple as phoning their supplier and changing their order from 200 new bottles to 201 but some items cannot be replaced as easily/ quickly and so in some cases its not just their wholesale price you'd have to pay.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's all about negligence and who's to blame, the shop can be negligent by having fragile goods loose on display or the customer can be negligent by not paying due care and attention whilst handling it.


    Regardless you don't have to get your wallet out and pay for it there and then but you should give your details to them so they can pursue it if they wish, the courts would decide.
  • At one time many bric a brac type stores used to have notices:

    "Lovely to look at, delightful to hold, but if you break it, consider it sold!"

    I was told in a law class years ago that these notices were actually illegal (that is, couldn't be enforced) because an accident is just that - an accident.

    Presumably if the shop could prove negligence, such as a parent allowing children to run round a store, or someone barging a trolley into a display, it would be different, and of course I accept the law could have changed since then! As a poster said above, some stores make it very difficult to negotiate their stores without risking banging into something.
    I want my sun-drenched, wind-swept Ingrid Bergman kiss, Not in the next life, I want it in this, I want it in this

    Use your imagination, or you can borrow mine!
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I was told in a law class years ago that these notices were actually illegal (that is, couldn't be enforced) because an accident is just that - an accident.
    But just because an accident happens, does not mean that no-one is responsible for the damage.
  • I was told in a law class years ago that these notices were actually illegal (that is, couldn't be enforced) because an accident is just that - an accident.

    Some law class that was! Maybe you could point out the law which makes these so called signs illegal?

    Just because something is unenforceable dosent make it automatically illegal.
  • I was told in a law class years ago

    Just out of interest how many years ago? Were there law classes in the education system that weren't part of a formal qualification like a law degree?
  • Geodark
    Geodark Posts: 1,049 Forumite
    Part of the Furniture 1,000 Posts
    Just out of interest how many years ago? Were there law classes in the education system that weren't part of a formal qualification like a law degree?

    Its possible that the class was part of a different subject, I know when I did accounting years ago one of the classes related to Law, mainly contractual law but it did touch briefly on other aspects.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    These signs petrify me.... as soon as I see one I'm petrified to look around and I gingerly walk in the middle of aisles and get out asap. I've never had an accident in a shop, but the sight of the sign and fear of breakage, immediately makes me too anxious to browse.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    At one time many bric a brac type stores used to have notices:

    "Lovely to look at, delightful to hold, but if you break it, consider it sold!"

    I was told in a law class years ago that these notices were actually illegal (that is, couldn't be enforced) because an accident is just that - an accident.

    Presumably if the shop could prove negligence, such as a parent allowing children to run round a store, or someone barging a trolley into a display, it would be different, and of course I accept the law could have changed since then! As a poster said above, some stores make it very difficult to negotiate their stores without risking banging into something.

    I feel ripped off.. a couple of years I accidentally reversed into a parked car causing a huge dent in the door - as this was an accident I shouldn't have had to pay for the repairs. :mad:
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You are liable for damages, whether this would be the wholesale price paid, repair value or the replacement value is entirely dependant upon the nature of the goods and subject to the victim mitigating the losses.
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