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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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lost a map in an accident mp owned by a friend who is cutting

Customer Question

lost a map in an accident
mp owned by a friend
who is cutting u[rough over it
neither of us can PROVE its condition
I understand I have no legal case to answer Tortfeasor
I have asked my local CAB
if i make an offer on MORAL grounds I think that
invalidates tort feasor
any advice please
if you are old enough you may recall herbert oppenheimer nathan and vandyk
where i was chief cashier until they imploded!!
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
Sorry but I am not sure what has happened here?
You have lost what?
Customer: replied 3 years ago.

an old antique street map N had lent me

it was in my car which was involved in an accident and w/o by the insurers, the map was in the car

it was a19th centuey street map of croydon and its suberbs Jo


Expert:  Jo C. replied 3 years ago.
I am sorry but if it was a loan and you have lost it then I am afraid you are liable. I'm not sure why the CAB thought you were not.
There may be a claim against the insurers depending on the terms of your policy.
But it is a simple failing to take reasonable care of his property and there is liability.
He does have to value the item. That is obviously going to be difficult because it has been lost and the onus does lie upon him to do so. What that would come down to is the view of experts on the point but given the sum of this claim it probably isn't worth disputing because experts would cost more than it is worth and you won't be able to recover your costs. It might be better to just let a Judge adjudicate on the point.
I am sorry but I have to give you truthful information.
Can I clarify anything ?
Customer: replied 3 years ago.

CAB state "if a friend lends you something you don't have a contract with them. This means you do not have to compensate them if it is lost damaged or stolen, The law says you have to look after the goods as though they were your own, but his is a lower standard than if there had been a contract."

i have cataracts so i hope not ro many typos.

I am off too bed now so no rush to answer this morning!

Thank you

confirm that my email is *****@******.***

Expert:  Jo C. replied 3 years ago.
There is t a contract but there is a duty to take reasonable care. It is a simple tort.
Try to settle this. You are very definitely liable I am afraid.