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Because of me my classmates iPad stolen... My options?
- Thread starter XciteMe
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Wow, he almost had me this time. Gotta remember to check the usernames on new threads.
Let's see... ah there it is! Upper left is "User CP" > second from bottom options is "Buddy / Ignore Lists".
Whoops, almost typed into the wrong box. But my MacRumors forums are now thankfully 85% less inane. Yay!
You know I wasn't able to figure out where the ignore user feature for this forum was, but now I do. This thread wasn't a waste of time after all, thanks.
And congrats OP for being first on the list. High five!
It seems pretty clear cut to me... You do the right thing and buy her a new iPad. You took responsibility to watch her iPad while she was gone and you didn't live up to that responsibility. Now you should responsibly replace the iPad you allowed to be stolen during your watch.
Credit Card Purchase Protection
I'm sorry if this has been posted, I'm not going to read through the 3 pages...
The iPad was most likely purchased with a credit card. Most credit cards have purchase protection that include damage, loss, and theft for the first 90 days. (Some debit cards also carry this protection)
Look into that ASAP!
I'm sorry if this has been posted, I'm not going to read through the 3 pages...
The iPad was most likely purchased with a credit card. Most credit cards have purchase protection that include damage, loss, and theft for the first 90 days. (Some debit cards also carry this protection)
Look into that ASAP!
Look at the legs on that iPad !
Dudes, right now.... iPads have legs. You cannot just leave one anywhere.
They are not very heavy so just pick it up and take it with you if you have to move.
Dudes, right now.... iPads have legs. You cannot just leave one anywhere.
They are not very heavy so just pick it up and take it with you if you have to move.
im not a lawyer but...
Three things you must have to have a contract.
Offer, Consideration, Acceptance. You accepted the offer without consideration. Therfore you don't have a contract. She didn't pay you which is the price of a promise.
Go ahead forum users, flame away!
http://en.wikipedia.org/wiki/Contract#Consideration_and_estoppel
Three things you must have to have a contract.
Offer, Consideration, Acceptance. You accepted the offer without consideration. Therfore you don't have a contract. She didn't pay you which is the price of a promise.
Go ahead forum users, flame away!
http://en.wikipedia.org/wiki/Contract#Consideration_and_estoppel
There are dishonest people EVERYWHERE! I wouldn't even leave my iPad on an airplane seat at 30k feet to go to the bathroom!
And torts.
Yeah, so I stand corrected, bailment would be the right classification (although on a side note, the CA Civl Code does permit interest in conversion-I assume it's meant to prevent the prolonging of payments...?).
Still the OP should be aware he has potential legal obligations and can't avoid them on the basis of his own incredulity.
At least we will know why somebody got a hole in their roof due to an iPad encased in Blue Ice.
You posted here, for anyone in the world to read, that she asked if you could look after her iPad, and you set yes. That's a contract. So legally it is one hundred percent clear that you were responsible for the iPad. Should she read this thread, or should anyone who knows about the situation read this thread, then we can ask the people running this site if they would produce what they know about you if asked, so she might very well be able to actually get evidence against you.
And torts.
Yeah, so I stand corrected, bailment would be the right classification (although on a side note, the CA Civl Code does permit interest in conversion-I assume it's meant to prevent the prolonging of payments...?).
Still the OP should be aware he has potential legal obligations and can't avoid them on the basis of his own incredulity.
The general rule in tort liability is that the injured party should be restored to the status quo ante, that is, he should be made whole for his loss. If we assume that the OP were found to have been grossly negligent he would be obliged to pay the replacement cost of the iPad (presumably the unsubsidized price), plus compensation for the loss of its use until replacement. Since the plaintiff could replace the iPad immediately, using her own or borrowed funds, the time value of the amount of money she paid--the functional equivalent of interest--would likely be part of her damages. Once a judgment were rendered by a court, interest on the amount of the judgment would begin to run at the statutory rate provided by the Civil Code, which is 10%. (The legislature may change this rate from time to time.) Prejudgment interest may also be assessed in the discretion of the trial judge at a rate the judge determines, but only simple--and not compound--interest may be awarded.
Common law writs and causes of action, such as trover, never existed in California where the legal heritage is the Continental or Civil Law, owing to the early influence of the Spanish, rather than the Common Law which molded the legal system in states with a history of English colonization or influence. In 1872, to bring California into conformity with most of the rest of the states, its legislature adopted the first version of the current Civil Code, which was essentially a statutory version of the Common Law. Nonetheless, rather than adopting the medieval terminology of the old writs, the Civil Code simply characterized the wrongful acts of a bailee (other than a common carrier) as a "Breach of Obligation". This evolution spared California lawyers from ever having to wrestle with assumpsit, detinue, and trover, and was, no doubt, a great disappointment to annoyingly pretentious law professors everywhere.
Guys, this is another driveby troll posting from this guy. Next time see the name and then ignore the thread.
Despite the troll question, I'm fascinated by the different responses in the thread.
If it were me, I'd suck it up and buy her a new iPad, or at least offer to chip in for a replacement. At minimum I'd offer 50% of the cost.
Not too many honest, conscientous people left these days. One day a few years ago I had a parking lot accident which left a big scrape on the car beside mine. Nobody saw me do it (at least not that I could tell). I could have quickly driven away and, hopefully, nobody would have been any wiser. I couldn't do that, though, so I stood by the car and waited 20 minutes for the owner to come back from shopping, after which I broke the news. She was, well, upset, but surprised that I had the decency to wait and admit it rather than run off. She had the damage estimated and I wrote a check for the total.
The surprise part? Turns out it was a coworker...
If it were me, I'd suck it up and buy her a new iPad, or at least offer to chip in for a replacement. At minimum I'd offer 50% of the cost.
Not too many honest, conscientous people left these days. One day a few years ago I had a parking lot accident which left a big scrape on the car beside mine. Nobody saw me do it (at least not that I could tell). I could have quickly driven away and, hopefully, nobody would have been any wiser. I couldn't do that, though, so I stood by the car and waited 20 minutes for the owner to come back from shopping, after which I broke the news. She was, well, upset, but surprised that I had the decency to wait and admit it rather than run off. She had the damage estimated and I wrote a check for the total.
The surprise part? Turns out it was a coworker...
Despite the troll question, I'm fascinated by the different responses in the thread.
If it were me, I'd suck it up and buy her a new iPad, or at least offer to chip in for a replacement. At minimum I'd offer 50% of the cost.
Not too many honest, conscientous people left these days. One day a few years ago I had a parking lot accident which left a big scrape on the car beside mine. Nobody saw me do it (at least not that I could tell). I could have quickly driven away and, hopefully, nobody would have been any wiser. I couldn't do that, though, so I stood by the car and waited 20 minutes for the owner to come back from shopping, after which I broke the news. She was, well, upset, but surprised that I had the decency to wait and admit it rather than run off. She had the damage estimated and I wrote a check for the total.
The surprise part? Turns out it was a coworker...
I don't think its a question of whether or not the OP is honest or not. If he/she stole it, then they are in the wrong no questions asked.
However... In this situation I think the girl (iPad owner) is 100% at fault. She trusted her iPad to a complete stranger. Chances are (if this is even real) that the OP is the one who walked off with the iPad which is terrible and wrong, but the owner of the iPad should keep track of her own stuff.
What you did was great, and I applaud you for your honesty. I found an iPad in my seat-back pocket of a plane, and went into the contacts and found home and called as soon as I found it. The owner gave me his info and I fed-exed him the ipad when I landed later that night. I actually enjoyed doing it, because it has been done for me before with my iPhone.
Having said that. Most people are not honest. The girl never should have left her iPad with anyone else, and has only herself to blame. It is her fault. PERIOD!
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