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From: Bob Conrich (no email)
Date: Mon Dec 15 2003 - 11:59:33 EST
Coyote, if, as you say, the proximate cause
of the fire was the negligent routing of the
wiring, you clearly have a claim against the
manufacturer. The issue I'm trying to focus
on, however, is the one you raised originally:
they, or someone's insurance carrier, have
offered to make you whole by repairing the
damage, presumably to like-new condition,
while you want a new boat. Alas, the laws
surrounding civil damages require only that
you be made whole. Like you, I would feel
that a repaired boat fails, to some degree,
in making you whole, but I believe the
manufacturer is very likely to convince a
judge otherwise.
The result of a judge ruling in your favour
would be that if I backed into your car and
dinged your fender, you could claim that a
repaired and repainted fender would never be
perfect, so you want me to buy you a new
car. Where I come from, that's called
"unjust enrichment."
You do have the right to insist the repairs
be made to a good and workmanlike standard.
That means reasonable and functional --
which is better than they gave you before,
but less than "perfection."
Bob Conrich
Anguilla, B.W.I.
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