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TAS Partner's Friend Broke TV - Is She Liable under Property Law?

Discussion in 'Property Law Forum' started by TommyB, 27 October 2015.

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  1. TommyB

    TommyB Member

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    Hi All,

    In August, my partner had some friends around August this year for her birthday to have a couple of drinks. During the night her friend spilled a full glass of sparkling wine down the front of my 60 inch LED TV. I contacted an authorised repairer the next morning and was told it is damaged beyond repair. I do not have accidental breakage on my home and contents so a replacement is at my own cost.

    Is my partner's friend liable for the replacement of the TV under Property Law? She has not been very forthcoming to replace it.

    Any help is much appreciated.
     
  2. JS79

    JS79 Well-Known Member

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  3. TommyB

    TommyB Member

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    Thanks JS79. I've thought of that. I was curious if anyone has had or heard of a similar situation so I could judge if it's worth while going that route.
     
  4. JS79

    JS79 Well-Known Member

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    You are not allowed to have legal representation at a small claims court so the cost of taking it there is the cost of application and it tends to be very cheap.

    Either you look at doing that, write a letter requesting replacement or just leave it and move on. It's up to your partner really.
     
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  5. Jack be nimble

    Jack be nimble Well-Known Member

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    Such a 'had some friends around' situation is likely to find spilled drinks, item-damage, people stumbling and the like. Those arising is foreseeable. Your responsibility in having people partying is to be aware and take due diligence. You didn't.

    A 'full glass of wine' sounds as though the party was not well supervised or 'for a few drinks' is a minimisation of the reality. As for the repairs....I am not sure how that decision was made but it sounds 'suss' ...maybe someone tried to clean the screen with a damaging liquid? however a telephone diagnosis sounds bizarre or opportunistic or just plain wrong.. My son picks up wide screen and smaller tv's from throw outs and fixes them...some have been rained upon...they still end up working.

    Be all that as it may I don't think you would succeed in a legal claim, up to you of course. It would be reasonable to ask but not bully the person who spilled the wine to contribute if you can give real evidence of this total damage. That repairs today can cost more than the electronic item is not your friends friend's fault. Nor is it her fault that competent technicians have largely disappeared since transistors and tubes were superseded by IC's.

    It may not even be her fault she spilled the wine. She has no obligation to you for an accident of that kind which occurred when in any environment, less so when you are providing alcoholic drinks to people and less again when doing so at a party. It might be different were she to have deliberately poured 'a full glass of wine' over your TV, though I still doubt the 'unrepairable' story. It sounds opportunistic and technically questionable, I say that as an electrical engineer with electronics communications experience.

    You had no insurance so would have been wise to protect the tv and any other valuables ...which may not have been new though you wanted her to buy a new one. When you introduce foreseeable risk you will be the bearer of any burden and there's a reasonableness there. I am not being unkind in saying, you brought this on yourself and it might be a cheaper 'heads up' than it could have been. Perhaps the lines of this (rather infantile) song should give good advice to your 'partner':

    You can bring Pearl,
    She's a darn nice girl,
    But don't bring Lulu.

    Put it down to experience Tommy, one of the many 'taxes on life'.
     
  6. TommyB

    TommyB Member

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    Thanks so much for your condescending reply. I really appreciate the life advice you have provided on a legal forum....

    I am unsure where you have come up with some of the particulars you mention. The TV was only a few months old so insinuating that I was looking for an opportunity to get a new one is obviously wrong.

    The people around totalled 5, including my partner. We were not supplying alcohol (not sure where you got this idea from).

    As far as a full glass of wine, I'm not sure how you determined that constituted deeming the party as not well supervised. Saying it was a full glass meant that it was just poured and indicates nothing about it being filled to the brim, I don't know anyone who pours a glass of wine to the brim.
    It was unfortunately just an accident, they offered to help with purchasing a new TV but never did.


    Perhaps when replying to a forum such as this you might want to stick to facts or experiences related to the situation in question to help someone.
     
  7. Jack be nimble

    Jack be nimble Well-Known Member

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    In August, my partner had some friends around August this year for her birthday to have a couple of drinks. During
    the night her friend spilled a full glass of sparkling wine down the front of my 60 inch LED TV. I contacted an authorised
    repairer the next morning and was told it is damaged beyond repair. I do not have accidental breakage on my home
    and contents so a replacement is at my own cost. Is my partner's friend liable for the replacement of the TV under
    Property Law? She has not been very forthcoming to replace it.Any help is much appreciated. (posted 2015)


    Hi Tommy.Thank you for your appreciation. I gave opportunity for a wry-smile here and there and good advice to a question
    you asked. Thank you for doing likewise in your response..

    I also went over the sort of objections you would find in trying to make any legal case; from my own experience in preparing
    briefs as an insurance investigator. I think I covered most of the field of opportunity which you might have been considering
    had I replied in 2015.I hope it helps, say, persons in similar situations in deciding what is the best course of action by looking
    at one's own part in such an incident, mirrored by a person who understands the domain.

    You have reassured me through your reply that my perspicacity on the 'gaps' was correctly aligned. Much appreciated.

    The bottom line was my summation. I don't think there's more to add by me as I covered the matters well enough to not return
    to this site. Voila.
     
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