Two people rent a kayak and paddle out to sea. After just 2 or 3 minutes person A's paddle snaps during a normal paddling stroke. No excess force or contact with anything other than water was experienced.
How much, if any, blame should be attached to person A?
a) None - person A is not at all at fault
b) Some - it is unfortunate but that person was using the paddle and must share the blame
c) All - it wasn't anyone else's fault, and blame must be attached to someone.
If a brand new paddle costs $20, how much should person A pay the rental company?
a) None
b) $10
c) $20
Much appreciated, the more answers the better. I'd be interested in any legal response to question b. If this went to court, what would happen? The facts are as written above. Person A was paddling perfectly normally and this was witnessed. This got ugly!
2006-12-11 16:28:41 · 8 answers · asked by ShefHammer 2 in Society & Culture ➔ Other - Society & Culture
First off- If person A is the man and person B is a woman it is automaticlly ALL his fault. He will pay for the paddle, buy her lunch and a nice present. Oh ya, he will recieve the paddle from person B and do all the paddling henceforth. What we but up with for some little bit of luv'n
If person A is the woman person B will do all the paddleing, pay for the broken paddle, buy her lunch and a nice present. He will apologize for the broken paddle because it's ALWAY the mans fault. Damn, the things we do do for a little luv'n.
2006-12-11 16:34:58 · answer #1 · answered by RUDOLPH M 4 · 3⤊ 1⤋
In a court of law, the claim that no excess force or contact was used would probably be called into question by the prosecution. There would have to be more evidence defending or denying that claim to convince anyone one way or another. But I'll assume that it was a freak accident and no fault of person A.
In that case, assuming that someone must pay to replace the broken paddle to the rental company, it's more a matter of etiquette than of debt or blame. In general, given that the replacement cost isn't too terribly much, it would be polite for person A to offer to pay for it even though he/she was not necessarily at fault. This is just the way polite, civilized people handle things when there is an accident, at least between friends when the actual cost of replacement or repair is not too much.
The question of whether person A should have to pay anything at all to the rental company is another issue. It probably depends upon whether the person purchased insurance or not, and what the small print on the contract he signed says. If he purchased insurance, it's covered. If he didn't, he's probably responsible for the replacement cost.
In the end, I would probably just tell person B to stop blaming person A so heavily and person A to suck it up and pay for the paddle.
I sure hope you don't ever end up in divorce court if a paddling accident gets this ugly! ;-)
2006-12-11 17:24:32 · answer #2 · answered by magistra_linguae 6 · 0⤊ 0⤋
None. Person A rented the equipment in the first place. Providing one goes into a rental business, allowances should be made for replacement of worn parts or equipment, referred to as "normal wear and tear." This is recoverable by including the anticipatory replacement factor in the cost each customer pays to rent the equipment from the business. The only instance that would hold person A accountable, is if they were negligent. This could be determined if they broke it on purpose by using it as a bat to strike a heavy rock or any other excessive application for which it was not intended.
2006-12-11 16:45:49 · answer #3 · answered by PZ 3 · 0⤊ 0⤋
A and A. If anything the people who were given the faulty equipment should be issued a refund for the initial rental.
2006-12-11 16:31:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
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2016-12-30 07:18:16 · answer #5 · answered by louder 3 · 0⤊ 0⤋
a & a
The rental company is responsible for their own equipment.
You RENTED the kayak...not BOUGHT it.
You need to check around and see what kind of reputation they have.
2006-12-11 17:00:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
OK "A" pay the 20.00 you just don't know you're own strength. tell her it's all that testosterone generated by her beauty.
2006-12-11 16:57:14 · answer #7 · answered by wayne w 2 · 0⤊ 0⤋
PERSON `A` IS NOT AT FAULT
SHEET HAPPENS (:
2006-12-11 16:37:16 · answer #8 · answered by HATIM G 1 · 0⤊ 0⤋