Legal Advice on School Books and Damage Claims


Questioner

My daughter returned her borrowed schoolbooks to an employee of the supplier. 2 problems with returning: 1. 1 book had water damage caused by my daughter. The book is 4 years old, we have to reimburse 100% of the cost of the book. They do not use a depreciation period. Is this legally permitted? 2. 1 book was not returned according to the supplier. My daughter was given a damage report on the spot. The book was included, my daughter said, but the stack of books had already been removed from the counter so it could no longer be checked. My daughter did not sign the damage report, only the supplier. There is no agreement I think, so I do not want to pay the invoice. Allowed? Please advise with e.g. art number from BW that I can refer to. Thanks in advance.

Lawyer

Damage will be compensated at the value at that time. So the purchase price of another book. There is a similarity, by 'damage' (the missing book). It is up to the supplier to prove that the book is not there, because he claims that the book has 'disappeared'. You would do well if you can indicate that the book has been returned. It should be clear that when books are returned, they are checked or counted. Apparently this has not been fulfilled and the duty to check has been neglected. You may contact us directly for further information if desired.

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