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looks like u got lot of browney points over this bird, if she cannot pay why not just be friend with benifits for awhile might make you feel better :)
 
^^that is really funny!

am i the only one who thinks its his own stupid fault for lending out his iPhone?

if it was me who had lost it i would personally think it's the right thing to do to give money to the owner of the lost iPhone but not everyone is like that!

my opinion is it's his own fault and he learns from his mistake and cuts some more grass and saves up for another.....by then iPhone 2 could be out.....

yeah i lent it out because im a nice person. ive learned my mistake by having to go back to my old phone and a cd player (sold my ipod). it sucks not having my iPhone. But hopefully her parents will repay either by cash or an iPhone, because thats all i really want right now

looks like u got lot of browney points over this bird, if she cannot pay why not just be friend with benifits for awhile might make you feel better :)

i like the way you think;)

You know, if it were me and the girl was a hottie then I would suggest she pay me back with, ehm, services.

i like the way you think too
 
always a bad situation with money and friends lets all hope this all get sorted and live happly ever after :)
 
yeah i lent it out because im a nice person. ive learned my mistake by having to go back to my old phone and a cd player (sold my ipod). it sucks not having my iPhone. But hopefully her parents will repay either by cash or an iPhone, because thats all i really want right now

ive lent other things out in the past to friends and theyve come back in worse condition so im careful about who i lend what to! like i said if i was the one that had lost it id feel i had to pay money to you. like someone said is it worth the friendship over $399? to be honest you just sound like a brat moaning about it.....thats my opinion! well when you get another iPhone i presume u wont be lending it to anyone at all
 
How about.......

Dear *parents*,

I am sorry for contacting you in this way but this is a horribly uncomfortable situation so I hope you understand why I am sending you this letter/email.

As you know my iPhone, which I lent to **daughter's name** in good faith, was stolen when it was in her possession. She is obviously in no way responsible for the actions of the thief but I lent it to her on the understanding that she would take good care of it. A moment of absent-mindedness, unfortunately, resulted in it being taken.

If I could afford to replace it myself I would, but I can't. It cost me $??? and there is just no way I can find that money again. **Daughter's name** has accepted responsibility for what happened and said she would like to help me out with the cost of replacing it, but says she is not in a position to do so.

I am truly sorry to impose on you like this but I need to ask you to help **Daughter's name** help me out with the cost of replacing my iPhone. I truly wish I didn't have to do this, I hope you understand that, but without your help I will be left with a serious financial loss I just cannot afford.

Many thanks, talk to you soon........
 
I'm confused, why are you terminating your contract? Why should your friend (who IS responsible for the cost of the phone) be responsible for your early termination fee? YOU canceled the account. You do know that the iphone isn't the ONLY phone that works on AT&T's network, right?
 
I've bought items with my BofA VISA...

and they were protected "if stolen" and I was actually reimbursed money for a digital camera that was stolen from a diner in New Mexico. Try that route, 'cause it sounds like "your beating a DEAD horse!" :cool:
 
I'm confused, why are you terminating your contract? Why should your friend (who IS responsible for the cost of the phone) be responsible for your early termination fee? YOU canceled the account. You do know that the iphone isn't the ONLY phone that works on AT&T's network, right?

yes i know that, but that is the only reason i went to att because of the iphone. i havent cancelled it yet but have it suspended as of now untill i get a new phone. so i either wait for her to get me a new iphone or pay me for a new one, or cancel the contract and wait to see what she decides to do.

she just told me that she will be working during our schools' christmas break just to get money to pay me back, so now im thinking of holding out on the letter.
 
I really can't see her working just to give you $200!

Im sorry but I think your living in a dream world - your going to have to pay for it to be replaced yourself and learn a lesson from this.

I hope I am wrong but really - if you took so long to save to buy it then she will take just as long again so just sell some old stuff on ebay and buy a new phone yourself!
 
To the OP: Hello.there's version of the letter (below) is much clearer and more polite. If I were you, I'd model your letter off of what Hello.there has written.

Specifically, the things that are confusing or poorly worded in your original draft but are much improved in Hello.there's version are:
  • A much briefer description of the relevant circumstances (you lent phone to friend, and phone got stolen);
  • A much clearer description of the replacement cost of the iPhone, without muddying the waters with all of the stuff about the original price and the cancellation fee that you won't have to pay;
  • Less focus on your relationship with your dad and more on your friend's relationship with you, and how her parents are relevant to this;
  • More of an asking-for-help tone than the original I-am-entitled-to-this tone.


How about.......

Dear *parents*,

I am sorry for contacting you in this way but this is a horribly uncomfortable situation so I hope you understand why I am sending you this letter/email.

As you know my iPhone, which I lent to **daughter's name** in good faith, was stolen when it was in her possession. She is obviously in no way responsible for the actions of the thief but I lent it to her on the understanding that she would take good care of it. A moment of absent-mindedness, unfortunately, resulted in it being taken.

If I could afford to replace it myself I would, but I can't. It cost me $??? and there is just no way I can find that money again. **Daughter's name** has accepted responsibility for what happened and said she would like to help me out with the cost of replacing it, but says she is not in a position to do so.

I am truly sorry to impose on you like this but I need to ask you to help **Daughter's name** help me out with the cost of replacing my iPhone. I truly wish I didn't have to do this, I hope you understand that, but without your help I will be left with a serious financial loss I just cannot afford.

Many thanks, talk to you soon........
 
You sound like a reasonable person from the sound of that letter and the fact that you're only asking for half of the cost, which is now 1/3 of the cash you originally spent on getting that phone. Kudos.

I hope you're friend's parent's are as reasonable as you are.
 
Legality of situation

Everyone in this thread has just been making up law. The actual law is as follows for the USA. This is not the same as owing someone money.

This situation is called a bailment. the Bailee (your friend) is only liable for gross negligence or misdelivery (giving iPhone back to wrong person instead of you). Your friend does not owe you any money. Leaving the bag unattended is regular negligence.

It is a common misconception among people that if you lend something to someone and it breaks or is stolen they owe you the value of it. It is 100% your friends choice whether or not to pay you for some of the iPhone's value.
 
This situation is called a bailment. the Bailee (your friend) is only liable for gross negligence or misdelivery (giving iPhone back to wrong person instead of you). Your friend does not owe you any money. Leaving the bag unattended is regular negligence.

Hmm. iPwned, you're oversimplifying a bit. You are right that a bailee is strictly liable for misdelivery. But for situations other than misdelivery, the standard can be either negligence or gross negligence, depending on the particular circumstances. See 8A Am. Jur. 2d Bailments § 81 ("The nature of the duty imposed upon a bailee to care for the bailed property varies, depending upon the nature of the bailment relationship."). So, as with every legal question, the only responsible answer to give as to the friend's liability is, "It depends."

Of course, that still means that you're right to caution the OP about his legal rights. Even if, as a moral/friendship matter, the friend owes the OP this money, it's not clear that she owes him the money as a legal matter -- and he ought to be treating this as asking her to be a decent friend, rather than speaking in terms of legal rights and legal obligations.
 
Everytime i let someone use my iPhone while im at school, i generally think of this story.

Although my school has quite the diversity, i let the people i know take full advantage of my iPhone.


There's only 4 kids out of 2500 that have one, so if i see someone that has a "new" iPhone, i know who's ass to kick. Not that the people i talk to wouldn't steal my phone in the first place..
 
Since this was for the exclusive benefit to bailee, extraordinary/great care must be exercise ... which is why we are saying pay up.

Person failed to exercise even reasonable care, since leaving an iPhone unattended in a high crime area like a school might be considered stupid.
 
Hmm. iPwned, you're oversimplifying a bit. You are right that a bailee is strictly liable for misdelivery. But for situations other than misdelivery, the standard can be either negligence or gross negligence, depending on the particular circumstances. See 8A Am. Jur. 2d Bailments § 81 ("The nature of the duty imposed upon a bailee to care for the bailed property varies, depending upon the nature of the bailment relationship."). So, as with every legal question, the only responsible answer to give as to the friend's liability is, "It depends."

Of course, that still means that you're right to caution the OP about his legal rights. Even if, as a moral/friendship matter, the friend owes the OP this money, it's not clear that she owes him the money as a legal matter -- and he ought to be treating this as asking her to be a decent friend, rather than speaking in terms of legal rights and legal obligations.

You are correct indeed. I should have made it clear I made a legal conclusion regarding the nature of the duty imposed, and also the benefit to the bailee vs. bailor of the bailment itself. Additionally, I should have made it clear that it could be argued both ways. My apologies. Certainly though, it is not as cut and dry as the earlier comments made it seem to be.

From a moral standpoint, I think a good friend would offer to pay 1/2, but if this happened to me, I'd consider staying away from the courts on this one. It could be an uphill battle, depending on the circumstances.
 
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