Down and out

gettingtheresometime

Stubydoo wrote: »

I’m looking for assurance that this is a correct way of resolution, not seeking compensation other than like for like replacement in value, however what reason is there to hand in the damaged goods and what would the pub do with it? Should an agreement be made to completely destroy that jacket and then dispose of while witnessed by both parties

I must admit I don't understand your concerns.

Your son gets an undamaged jacket so what ever the pub / manager chooses to do with the damaged one is their business

Manxman_in_exile

Why should the pub manager destroy a damaged jacket they will have just paid £200 for? It then belongs to whoever paid for it and they can do what they want with it.


You could of course test them by saying "OK - here's the original receipt. Gimme £200 and here's the original jacket - plus tear".

DoaM

Manxman_in_exile wrote: »

You could of course test them by saying "OK - here's the original receipt. Gimme £200 and here's the original jacket - plus tear".

Is a correct answer ... the replacement doesn't need to be conditional on actually purchasing it first - all the manager needs to do is to cover the original purchase cost*. But the old jacket will then belong to the manager/pub.

* Technically all he's liable for is the cost of a used jacket - unless when you say "brand new" then your son had literally just bought it that day/week.

waamo

The landlord by having the jacket will be able to mitigate any loss by possibly repairing the the jacket and either selling it or perhaps even wearing it himself.

He has paid £200 for it after all.

It seems a whole lot easier and more sensible than agreeing a method of destroying it then arranging independent witnesses who then have to complete a witness statement attest to the fact it had been satisfactorily destroyed.

Plus the landlord would have paid £200 for a destroyed jacket. That hardly seems fair.

Comms69

Stubydoo wrote: »

I’m looking for assurance that this is a correct way of resolution, not seeking compensation other than like for like replacement in value, however what reason is there to hand in the damaged goods and what would the pub do with it? Should an agreement be made to completely destroy that jacket and then dispose of while witnessed by both parties

Why?? Maybe the manager wants to get it repaired and wear it?


Why doe sit bother you?!

molerat

What happens if someone crashes into you and writes off your car ?
They, indemnified by their insurers, pay up / give you a new car and they keep the wrecked car to try and recover some value from it.
No different in this case. (Although some FOTL nut jobs think you are entitled to keep the wreckage)

Aylesbury_Duck

Stubydoo wrote: »

I’m looking for assurance that this is a correct way of resolution, not seeking compensation other than like for like replacement in value, however what reason is there to hand in the damaged goods and what would the pub do with it? Should an agreement be made to completely destroy that jacket and then dispose of while witnessed by both parties

What an odd thing to suggest. Some sort of evidenced disposal of an item you no longer own? It's not as if it is a hard drive full of personal information.

Are you worried that the pub will repair the tear and sell it for £250 or something?

Manxman_in_exile

If I were the manager I'd offer something between 150 and 180, stick some duct tape (or a GoreTex patch) over the tear and use it myself.


Anyway, the whole point of a duvet/down jacket is to look as if it's been used. For many years I had a Mountain Equipment Fitzroy jacket (it lasted for nearly 30 years plus a lot of patches). In the "olden days" it was quite common for cigarette burns to happen in pubs, but as they were usually my own cigarettes I wasn't that bothered.


Top Tip: Don't wear fragile clothing in busy pubs - or avoid the nails.

TuppenceWorth

Top Tip: Don't wear fragile clothing in busy pubs - or avoid the nails.

Definitely the above...

On the basis of the offer...
Get it in writing that he will pay you 200£ when this amount is spent on an identical new jacket. Once the transaction is done allow him to sell/wear the damaged jacket.

It is unfair to ask him to pay up front. As far as he knows you might have picked the jacket from a charity shop and searched for a nail in his pub (I'm not saying this is the case) to make a profit.

Even with it in writing, you will need to trust that he will keep his word.

DoaM

TuppenceWorth wrote: »

It is unfair to ask him to pay up front. As far as he knows you might have picked the jacket from a charity shop and searched for a nail in his pub

Why? Why should OP's son be compelled to purchase the replacement prior to the damages being paid? An alternative, reasonable, solution has already been mentioned:

Manxman_in_exile wrote: »

You could of course test them by saying "OK - here's the original receipt. Gimme £200 and here's the original jacket - plus tear".