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  #1  
Old 28th December 2011, 05:27 PM
wayne wayne is offline
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Default Hip Flask

Bought 2 Hip Flasks from Ebay on of which split along its seam (incorrectly soldered) (not fit for purpose ?)
The liquid in the flask at the time (Cherry Brandy) spilled out on to a Hunting shirt & has permanantly stained it.
The seller has offered to replace the flask, but what I want to know is am I entitled to ask them to replace the shirt also, as it was their inferior / faulty product that was the root caused to the damaged to the shirt. (Shirt was brand new Christmas present as was the flask)

Thanks Wayne.
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Old 29th December 2011, 01:59 AM
ALewis ALewis is offline
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Default Re: Hip Flask

Hello,
For compensation of your stained shirt it must be a foreseeable action from the negligent soldering, one may argue that it is foreseeable for badly soldered hip flasks to split and spill liquid onto ones shirt resulting in stains.
However I believe (only my opinion) that it is not foreseeable to the seller that the hip flask would split, liquid spilling into a shirt and then staining it. As usual practice (for me at least) is to wash any utensils prior to use, and the split would occur at this point.

You can argue it is foreseeable, seller would argue that it isn't.. Who wins?
Only a court would decide if it is foreseeable, however it wouldn't be worth it..

Try as you may though to argue with the seller.. But you may not have any legal backing in this situation.

Hope this helps,
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