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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 1958
Experience:  Solicitor at BLM
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One of our delivery vehicles has damaged a customers plant

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One of our delivery vehicles has damaged a customers plant pot.
The customer is claiming the cost of 2 plant pots as they are a matching pair.
We have offerred to pay for just the one that we damaged.
Are we correct and if so is there a case law that i can quote whem making our offer.
Bill XDP Ltd


Welcome to JA.

Yes you are correct to only pay for one of the plant pots because paying for two arguable amounts to a betterment.

Do you understand what i have stated so far? if yes i will proceed to the next step

Customer: replied 4 days ago.
Customer: replied 4 days ago.
I prefer a written reply so that i can show this to the customer

With regards ***** ***** law, there is none i know of which covers this situation. However the general law is the victim of a tort should be put back to the position before the accident occured. Therefore if you paid for 2 plant pots then the victim will have 3 pots and that was not the position the victim was in given she had 2 before the accident occured.

Please ignore the automated call request.

i hope i have clarified the position, if not please let me know.

However if I have clarified the position please before you leave JA today please leave a positive rating as this will help improve the service given in future.

Thanks and stay safe

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