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I think that in this matter, legally speaking, you have an unshirkable responsibility, that is, to compensate the loss of the owner, but humanely speaking, you are out of good intentions, just to help her, but there is an accident, this kind of thing mainly depends on what kind of attitude your friend has, and see how she wants to deal with this matter! I suggest two ways to do this: one is to compensate the owner in full (this depends on your friend's attitude, and from a humanitarian point of view, you can also see the depth of friendship between you and your friend) and the other is to compensate half of the loss (because you are completely well-intentioned, and your friend is also asking for help from you for emergencies, and both of them are responsible for half of the loss), no matter what the result is, I think there are these two results, from where to say these things, everyone will agree with your approach, especially as a person! I wish you a satisfactory solution to this troublesome problem!
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You're a boy and she's a girl, so I'm not holding anyone responsible, so hurry up and help her buy one!
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Buy it for her, don't let people think you're stingy...
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Buying a new phone, at least the one he prefers, is better than losing the one.
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From a legal point of view, her bag allows you to help, you are free to manage, if you have tried to keep it properly and the loss of the bag is not due to your subjective intention and objective cannot, then you should not be responsible for the loss of the mobile phone. Judging from your example, the loss of the phone is definitely not due to your subjective intention and your friend should also foresee the possibility of losing the phone while shopping, and she did not pay attention to the theft of her bag with you, so you should not be responsible.
From a moral point of view, it is still necessary to bear forty or fifty percent responsibility.
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Legal analysis: If an agreement can be reached, the compensation price can be negotiated. If you can't reach an agreement, you can claim the return of the same model of mobile phone.
If the other party buys a new mobile phone for you, and thinks that the mobile phone has depreciation, and asks you to return part of the price, you can claim that the mobile phone has important content such as photos and address books in it, which has caused inconvenience to your life, and you can also claim compensation.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.
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Legal analysis: compensation according to the mobile phone market**, new and old degrees.
Legal basis: Civil Code of the People's Republic of China
Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.
Article 1186:Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, both parties are to share the losses in accordance with the provisions of law.
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If you have a new mobile phone, you will provide proof such as purchase invoices and other vouchers, and you will be compensated in full; If you use an old phone, you will have to depreciate it on the basis of the purchase at the time. The specific amount can be negotiated by both parties; If the negotiation fails, the assessment may be entrusted. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.
Civil Code of the People's Republic of China
Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.
Article 1187:After the damage has occurred, the parties may negotiate the method of payment of compensation costs. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.
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Summary. Hello, I'm glad for your question, this situation can be based on Article 374 of the Contract Law: during the custody period, if the custodian is damaged or lost due to the custodian's improper custody, the custodian shall be liable for damages, but the custody is free of charge, and the custodian shall not be liable for damages if he proves that he is not grossly negligent.
In accordance with the above provisions, if you ask a friend to help you hold the mobile phone, it is a custody contract, and if it is kept free of charge, if your friend can prove that he is not grossly negligent, he will not be liable for damages. If they cannot prove it, you have the right to claim compensation.
And my suggestion is to suggest: you can call the police first, or negotiate to settle the compensation matter, the specific amount of compensation is related to the degree of fault of your friend, you can ask for compensation according to the specific situation, I hope to help you
How can I make a claim if someone loses my phone?
Hello, I'm glad for your question, this situation can be based on Article 374 of the Contract Law: during the custody period, if the custodian is damaged or lost due to the custodian's improper custody, the custodian shall be liable for damages, but the custody is free of charge, and the custodian shall not be liable for damages if he proves that he is not grossly negligent. In accordance with the above provisions, if you ask a friend to help you hold the mobile phone, it is a custody contract, and if it is kept free of charge, if your friend can prove that he is not grossly negligent, he will not be liable for damages.
If they cannot prove it, you have the right to claim compensation. And my suggestion is to suggest: you can call the police first, or negotiate to settle the compensation matter, the specific amount of compensation is related to the degree of fault of your friend, you can ask for compensation according to the specific situation, I hope to help you
How to prove whether it is a taste of safekeeping, or free of charge.
It's whether you have any chat history with him or something to bail out
No. In this case, if there is no *** situation, the prosecution may be ineffective, it is recommended that you have a good chat with him, and the two people can discuss the issue of compensation
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Whether you will be legally responsible for helping someone else lose their mobile phone depends on the circumstances, as follows:
1. If the party's mobile phone is placed in someone else's place, or someone else borrows the party's mobile phone, and someone else loses it, then the party who lost the mobile phone is responsible, and must bear the main responsibility, if the party who lost the mobile phone has asked for compensation, but the other party refuses to compensate, then the party can sue the people's court in accordance with the law to demand compensation;
2. If the custody is free of charge, and the custodian proves that he is not grossly negligent, he shall not be liable for damages.
If the custodian causes damage or loss due to the custodian's improper custody during the custody period, the custodian shall be liable for damages, but the custodian shall not be liable for damages if the custodian proves that he is not grossly negligent.
Where the perpetrator infringes upon the civil rights and interests of others due to fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
Private individuals have ownership of their legal income, houses, daily necessities, production tools, raw materials, and other immovable and movable property.
If the custodian causes damage or loss due to the custodian's improper custody during the custody period, the custodian shall be liable for damages, but the custodian shall not be liable for damages if the custodian proves that he is not grossly negligent.
Article 897 of the Civil Code of the People's Republic of China: During the period of custody, if the custodian causes damage or loss of the stored property due to the custodian's improper custody, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he or she is not intentional or grossly negligent, he shall not be liable for compensation.
Article 899: The depositor may collect the deposited items at any time.
Where the parties have not agreed on the period of custody or the agreement is not clear, the custodian may request the depositor to collect the deposited goods at any time; Where the period of custody is agreed, the custodian shall not request the depositor to collect the depositary in advance without special reasons.
Article 894:Custodians must not transfer the deposited items to a third party for safekeeping, unless otherwise agreed by the parties.
Where the custodian violates the provisions of the preceding paragraph by transferring the deposited property to a third party for safekeeping, causing losses to the deposited property, he shall bear responsibility for compensation.
Article 893: Where the depositary delivers a defective property or special storage measures are required according to the nature of the depositary, the depositary shall inform the depositary of the relevant circumstances. If the depositor fails to inform the depositor, resulting in the loss of the deposited property, the custodian shall not be liable for compensation; If the custodian suffers losses as a result, the depositor shall be liable for compensation unless the custodian knew or should have known and failed to take remedial measures.
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I helped a friend buy a mobile phone online, but it was stolen after I got it, am I fully responsible?
Hello! The following answers are provided to your questions: >>>More
You dial 10000 to stop your mobile phone immediately, or go to the nearest business hall with your ID card to stop immediately!
I'll definitely admit my mistake to her first, because I think I also like small animals, and if she loses my pet cat, I will definitely be very angry, admit the mistake first, and then buy her a new kitten as compensation, and also buy her some things she wants.
The chances of getting it back are not very good. First of all, Xiaomi has built-in GPS positioning,The computer logs in to the Xiaomi backup account,It has the password to retrieve the phone (I don't know if you have set it,If not,It's difficult) Anyway, as long as your phone is turned on, you can see the location of your phone from the electronic map。 >>>More
Can I do it here?