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Frame shop destroys 88 year old picture

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    #32
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    dub45 wrote: »
    No matter what anyone believes here only the op can decide in the absence of the document being replaced what is a satisfactory offer for them.
    Suppose OP decides that the sentimental value is €5k, or €50k? I would imagine that the company would challenge any valuation that they thought excessive, and the matter could end up in court.

    It would be helpful to OP to have some idea of what value the court might put on the damage, because that would provide a mental framework in which to discuss matters with the company.

    My own (non-expert) expectation would be that the courts would arrive at a smallish figure, possibly under €100.


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    #33
    dub45
    Moderators, Technology & Internet Moderators Posts: 12,449 Mod ✭✭✭✭dub45


    P. Breathnach wrote: »
    Suppose OP decides that the sentimental value is €5k, or €50k? I would imagine that the company would challenge any valuation that they thought excessive, and the matter could end up in court.

    It would be helpful to OP to have some idea of what value the court might put on the damage, because that would provide a mental framework in which to discuss matters with the company.

    My own (non-expert) expectation would be that the courts would arrive at a smallish figure, possibly under €100.

    But your own (or anyone else' non expert ) expectation is of no relevance.

    If the op gets an offer from the business concerned it is then up to him/her to decide whether to accept it or not. If they decide to pursue it further then they will have to get legal advice anyway.

    There may be other factors which might come into play - the business may have their own Terms and Conditions to cover such situations or they might make a generous offer to avoid a possible damaging court case. Guessing amounts is hardly going to help the op.


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    #34
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    dub45 wrote: »
    But your own (or anyone else' non expert ) expectation is of no relevance.
    That too is for OP to decide. I think he or she is hoping to get some idea of the range.
    If the op gets an offer from the business concerned it is then up to him/her to decide whether to accept it or not.
    On what basis? OP makes up a number and hopes that it is not in the wrong ballpark?
    If they decide to pursue it further then they will have to get legal advice anyway.
    Now here I have a little (and I do mean little) experience. Solicitors can have widely divergent opinions on compensation for inconvenience, loss of something of sentimental value, hurt feelings, disappointment, or other similar matters. More important, so can judges. Litigation in an area like this is a lottery. There is one thing in which solicitors can be particularly useful: they tend to know the form of judges, and can probably tell you whether a particular judge would see merit in a claim, or be likely to send the claimant away with little or no compensation. But even before one goes to a solicitor, it is helpful to have some idea of one's own about what sum of money might make things good.
    There may be other factors which might come into play - the business may have their own Terms and Conditions to cover such situations or they might make a generous offer to avoid a possible damaging court case.
    They might. Litigation is a high-stakes game which most people should want to avoid if they can.
    Guessing amounts is hardly going to help the op.
    It might. If somebody forms the view that they have suffered a hurt worth €10k, and a there is some consensus among others in discussing it that the hurt should be worth €1k (or €50k - it could be either direction) then the victim might form a clearer view of what compensation should be sought. [This view might be modified if proceedings are initiated and the judge most likely to hear the case is identified.]


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    #35
    Africa
    Registered Users Posts: 1,252 ✭✭✭Africa


    I hope OP returns. Wouldnt mind knowing how this turned out.


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    #36
    duchalla
    Registered Users Posts: 329 ✭✭duchalla


    Mother in law rang the shop on monday to inquire about how things were going, spoke to the owner, she told him we were very disappointed with the level of service we've received, the owner was quite abrupt and short on the phone, you'd think he'd be kissing her ass after all the craic that has gone on! Anyway, he told her the picture would be ready on friday, I'll post again once we know how its all turned out.


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