Payment For Damage. When And How Much? - Rabbi Yakov Zev Smith

researched and and i know the best dominic about the dinam is the mecca for the demay of the tikkun if there is a repair the magic has to pay the repair that's the minute that stack of the minigame medina as well you pay the repair course it's not clear if the mazda has to be responsible to actually make you know be involved in getting it repaired the shock inside in in the second shin pays eye and says he has to repair it earlier he's not so sure so that's somewhat uh unclear but it seemed that the minig of the best in the minigun the dino la haveda is that you pay repair cost now if the item was totaled is there's no longer any repairs possible then of course you pay the depreciation the may pass now let's apply this very specifically so we'll start with an easy shower let's say someone total the other person's car complete damage it's not repairable so here there's no demay tikkun so obviously you have to pay the depreciation the damage that the person sustained but here we do have a little of a a cooler for the magic because the mice uh the total car the red car has some value it could be sold as parts as metal whatever it is so and a car that's totally dysfunctional has some value that would be like the tires nevaela van mays yellow so the nizik has a headache true he has to take this car then that's now dysfunctional and he has to sell it but that money is is the magic says okay how much do you get for the the direct car i'll make the difference that is basically applying the torah from a novella to a wrecked car the big question is how do you assess the depreciation he bought the car as new whatever he paid he used it for two years how much is the car worth now it's worth nothing true but how much is it worth when it was damaged he paid a lot of money but you know cars every year goes by a used car is worth a lot less so this we have to be very clear that there is a change a pretty significant change from a new car to a used car but it makes a little easier to know that today there's a big business called used cars used cars has certain price price ranging so you would follow that price ranging a used car use one year two years whatever the rules are but that would give us some insight how much a used car is worth but one thing i want to make a point the nizik has a very emotional timer i bought you a car okay and i spent a lot of money i used it a year and all of a sudden it's a used car and it goes down significantly in value and you're going to pay me the price of a used car what am i going to do with that let's say let's say it's it's a big difference in price so i can't take the money you give me and i buy a new car because it's a big difference in price you know what i can't i'll take the the metal the metal doesn't help much and that's one of the many times that the nz the innocent music loses because he had a car and he was driving very comfortably with the car now he has a third of the pro half of the price he can't buy a new car with that price he was very happy with the old car but now you give him half the price because it's used and he can't afford to buy a new one but that's the din because you pay for the damage the depreciation and this is really a biggie site to any used item that's when the the nizik feels the loss he doesn't have enough money to buy a new item and and he can't use the old item but that's the halacha you paid to make hesita the reverse in the juventus version one of the delhi was showing him with someone damaged someone else's roof so they were thinking to make fix the roof that's not true you damaged the roof and in those days the roofs didn't last forever like hopefully today should unless they lasted 10 years and this roof already existed for nine years there's only one year of use left to suck the reverse you can't make a pay put a new roof on because the the roof had only one tenth of its value and the reverse says for double question when you destroy someone's house or break someone's kaylee you don't require him to replace with a new one you determine how much the old one was worth if it was used five years and only has a 10 year life expectancy so it's worth half the value so you have to figure out how much to use the item is worth and pay accordingly now again this is a tremendous burden on the nizik he had a house with a roof on his head the magic destroyed the roof on his town now he has no roof and you give him a tenth of the price the cost for a new roof what's he going to do he's going to build one tenth of a roof he can't afford to buy and pay for a new roof but he's only given money for one tenth of it because that's the fair price so this is a point that i want to make mention now and hopefully we should always remember this even if the magic pays the right the right price the nizik is suffering he's being paid a small amount of of the money and that's why it's not just an issue of paying and goodbye in fact the rambam and many police can say this even after you pay the damages you the mazda pay the damages you have to ask him because being damaged involves a lot of agma snappers first of all the fact that you got damage and assessing it and waiting till it's paid and even if he pays promptly le mysa the nizik loses he started out with the car and now he has half the value of a new car and he can't afford to buy a new one and that's why we say that it's the first clown on her zikan is be careful don't damage i know it's easier said than done but traces a person has to be a defensive driver but a careful driver be careful don't do damage of course it's you know it's sometimes you can't it's unavoidable but a person has to be careful pain is not everything do we shine them have a list of possible isure torah that a magic is ivan there some say it's the issa of involved in being magic of course that's massive amazing but the point is the step one is be careful not to hesitate if a person did a headache he pays but the nizik orphan is the um solder galooza he's the innocent victim that ends up losing now la maison this is why we have to say that you have to make a fair estimate it's emotional then isaac said what am i going to do with a you know pay off the money for a roof or a tenth of the money for the roof but that's the way the torah did it i'll give you another muscle someone dirtied someone's tie or suit and the mice could be cleaned oh so the mate thickeners pay for the cleaners wonderful but the mice the stain was not completely removed there's still a some type of residue and now the tie instead of it worth whatever it was is a a fraction of the cost so now the price can say the maid tickle is not enough to make ticket is not the cooler because if mate thicken doesn't do the trick there's also depreciation so a person would have to pay both now here is another issue the nizik says okay you're going to pay me the cleaners and the the difference of the tie before i knew you went after i knew you because now it's damaged but i don't want to wear this tie this is still a stain but but you say it's valuable good you keep the tie and pay me the full price that he can't do that may see a light then isaac has to keep the tide he doesn't like it so maybe let him sell it but if the business says that this is worth still x amount of dollars music has to keep the tithe i may see a lawyer i must mention there's a of the siva samisbut in the beginning of uh which has tremendous impact on hercus nizakin especially if used items and receivers has the aside that an item that cannot be sold in the marketplace has no marketable value then the person damaged that doesn't have to pay because the value of an item is determined by how much you could sell it in the in the marketplace he bases on a gemaran superstaff the famous sugi where someone stuck through down someone else's throat so gemara says that it's of no the food now where it is downs were stuck in didn't yet go down has no value so franklin it seems i it has value for the person that's about to swallow it it's a nice piece of food something to see this but that food you can't sell it has no value the necessity site is the value is determined by if it could be sold in the marketplace according to that a used suit are you sure especially you know the cleaners lost your u-shirt who's going to buy your used shirt so it has come out no value like the neces but most poison and i mean most poison besides the neces point to arashi and git and afternoon gimmel where someone damages a carbon of someone else's even though it has no market value and ought to sell it there's still a here to pay and that's why the cadillac after the neces you want to see it the nice discussion the killer sim allama tesla and many others also they say it's not how much it's worth in the world the shook it's worth how much is worth to the owner my u-shirt is worth a like a u-shirt i still wear it my used car is worth to me so there has to be that it's valuable to the music now a used car has a marketable value that's even easier but the fact that i can't sell my user does not mean a user has no value so therefore when the cleaners lose your shirt how much can you charge him you can't charge him for a new shirt that's not fair because you wore it so you have to figure out how much the used shirt is worth and that's the depreciation that you have to pay how do you evaluate how much a u-shirt a used item is worth so the simplest way is how much is sold for if it's marketable a used car hasn't used home of course these things have a certain value if not it's a little tricky because you have to figure out how much you would pay to rebuy your user or you use item you can't say how much would someone off the street buy my user because he wouldn't he wouldn't look at you and not buy you you shirt how much you would pay for if let's say you someone let's say someone found it and and it was you have to have after years and he has he owns your shirt how much you pay for that u-shirt and some place can say when applicable a very simple method is the item that was damaged had new cost a thousand dollars it's supposed to last for 10 years so every year is a hundred dollars so after five years it's worth five hundred dollars the only catch to this is that if you buy a suit and let's say it's two costs three hundred dollars and a suit less let's say for three years so the the first year of use is more more than these last year because the first year has the new look to it it's a better suit so a person has to be intellectually honest and of course assess how much it's worth to the nizik even if it's not marketable and pay the difference but here again you see how a person nizik is often a loser because his item is worth to him he doesn't care if it's new old he likes it now he all sudden it's reduced in value question an important question the assumed that a person damaged something and they assessed the the may tikkun at let's say five hundred dollars till they got around to it you know covet hit and cover everything is effective i covet and now that the price of repair went down it's even cheaper or went up but kitsa the and originally bashas the damage was done the ticket was 500 now when he actually wants to pay money either the repair is only two hundred dollars or it's more to eight hundred dollars what do you pay the sick or now when you will have to repair it so this is a perfect navigainer because if you're paying the may hezek and this was the mayhezak so then the kriverskal that's it but if you hold that you're in charge of tikkun so now five hundred thousand does not do the trick i need engine dollars if it's only two hundred dollars it went down for careta i got i have a bargain i pay less says is according to the shock that your job is tikkun then forget about what it was now you pay the ticket the home rule the cooler more or less your job is tickled however if you hold it it's has it so hezek was determined bashar's hezek and what happened now is of no importance the truth is that it's very possible that the khalois here is when you have to pay even if it's the main tikkun what is the hazak you may shasta even light the but there's no doubt about it if you hold its depreciation then what changed is of no value what's more common the value of the item changed when he damaged it it was worth 100 500 now the item because of covert everything dropped that's worth less can we pay less because now it's worth less so here again it depends on our original shiloh but the price kim do say and that's the magnifriend the zeke and aleph he's his approach is you pay for the damage how much was the item worth when you damaged it that's the price you have to pay what it's worth now is the material did when you're damaged there was a cleave of headache you have to pay the enviro the value was worth bishop and the truth is this is very logical because once someone is higher to pay bashas and he damaged it that's his that's his headache why should the value of the item change if he was hired to pay five hundred dollars for example and i'll prove it imagine you then someone just make a small debt in someone's car and you very fear i'll pay you okay i'll pay you 200 don't worry call me next week we'll talk about it he calls you next week say you know by the way since i know you i'm having trouble because right after you dented my car someone else totaled my car so you say oh really oh my like i'm happy to hear that i'm not paying for the small dent because a small dent it was destroyed by the by the big total thing right so come on you hang up on him so he crawls back all excited what do you mean so who's right of course he's right you did a small then damage there was a hawaii's here to pay and the fact that the car got totaled later that's not your business right why is that positive because when you damage the car you have a hive to pay i the car would have the car that was totaled with the dent that's not your business i'll give you another motion okay sometimes and this is all trickier the magic and the music are very fair and they're working together and they assess the damage as uh that may tickle and damage often it's the same but they assess the damage they may thicken as five hundred dollars so the nizik says okay so pay up so he said by the way i'm gonna just tell you be fair i'm not i'm not fixing the item i can't afford it now i'm having difficulty in business i'd rather invest the money in business and get myself you know back on my feet i'm not going to do much but whatever it is i'm using the mate ticket not to fix the car i'll drive with the with the dent i want to invest it in business so doctor has because if you hold that the payment is only to be mistaken the the damage so the master say what do you mean i'm not paying you to invest in your business is the paying for the hezek that made ticking is one way of assessing how much damage there was but that's my prerogative either to fix it or charge you the headache so it seems and that's what the police can seem to accept if the if the magic if the music decides to take the money sometimes you're talking about more than 500 dollars on a dent talking about a big hazard and someone does a big hazard to someone's car or someone's house and and the nizik is desperate he needs the money so pay me that may hezek but i'm not fixing it and it's legal the only question is if the magic was a repairman or he was then works in the body shop and he could fix the car at no cost to himself then it's hard to hire him to pay when he could repair the damage as it was no because then you can say i'm not paying a penny and i'm going to have to give you the money for no it's not fear so that's something that gets a little emotional but definitely if a question of paying giving the money to the nizik or giving it to the repair shop then there's it could say give me the money and that's what i want to do with it a tricky question we have this they bought an appliance here in america they went there stroll to learn and in the deer someone broke it and there's a typically there's more it's more expensive enough to throw what do you pay the value of a used item but now it's music was val use item in america or where the damage was done in eretz israel so this all the pisces agreed based on ignoring erika in a different context basically all of torah is decided of where the avila was done habla the heck this whatever it may be but where was the hezek done eric sorrell how much is it used uh microwave worth narrative it's more than america fine but the mice you damaged it inertia's world that's the damage the damage sustained was the value of a microwave inaudible and this is really highlighted by an interesting panoramic iris heilig bass kufrov test where someone damaged someone's asterisk now the asterisk of course uh per pound is a less than a dollar probably here but you know in some places you could sell the good asset you make a lot of money some places that i didn't hit the mitzvah that's because you know fifty dollars not more but at some place you get from nice streak three hundred dollars four hundred dollars for beautiful last week so the answer part of me is in this city punk their suspenders and they'll spend good money in estuary but another city they don't they don't the maximum is fifty dollars the problem here is where'd you do the damage in this city people are willing to spend that money for it that's the value of an asterisk so basically the point is even though you know you bought it at a lower cost but if the damage is an earthy throw you go where the damage was and that's the fair estimation of the value and the embassy is it's really this leads to the next question i hear it all the time and again it's very emotional until you think imagine someone's in a bad mood and he wants to get even with someone and he sees that someone just got a very expensive gift and he will come of course he breaks the item and and this is what are you doing so pay me no you didn't pay a penny for it you you didn't lose anything there's no domain no so that's a good joke but but that's not the fee of the pay the sorry not like the money you paid it's the depreciation now this item was worth whatever it's worth the fact that i got it for free has no bearing on your to hesitate in other words it's not the main sorrowing it's depreciation now typically concerned depreciation might be the same imagine this someone bought a three for two sale and someone damaged one of them and the master says i have real hotkey this the one i damaged was the third one for free this but who cares you got to pay so even if you got it for free you know people say you got it half price how much do i pay him what he paid is immaterial you pay the value of the item so that's why in all these cases we're looking at the depreciation of where it is and what it's worth to the nizik our question about the mayonnaise that again that he broke it in the store and the whole sales let's say 150 i'm just picking numbers and three dollars is retail so this the la the mazda is a stickler alarm then he might have the following argument red music mr stall keeper how much did you pay for the mayonnaise 150 why should i pay three dollars because you could have sold it and made three dollars you could have sold it in a locker is called manias revac you could have made money but you didn't so i'm a grammar so let me suffice with 150. that's alumnus argument but incorrect because the truth is that here we apply energy in a store a typical store mayonnaise goes some three until 350. right so this store's charging three dollars but that's the typical price of mayonnaise so although i saw one of the high ticket prices that you pay wholesale price but all other price skim are convinced that the the value of mayonnaise is three dollars now they do say let's say that some stores charge three and three twenty five three fifty and your monthly damage the store to charge 350. so you could say no no we go buster roy let me maybe make a compromise but let's say three dollars which is a fair price that's the typical price so then the magic has to pay the three dollars because that's the value of mayonnaise in the store the fact that i got a wholesale is none of your business it's not because i could have made money because the cups of mayonnaise is worth three dollars in the store now to contrast that if the magic damaged the same jar of mayonnaise in the wholesalers uh warehouse then attack at 150 because that's the value now clerk akira let's say he damaged in the the groceries warehouse the same mayonnaise so maybe if it becomes three dollars worth when it gets to the store maybe the wheel is different but it's not likely because the truth is that mayonnaise and this business is three dollars but definitely in the store there's no doubt about it you pay the retail price that's why our other question about the s rig the soy the person damage the asterisk and again even if he's an ionist but other mutual and i'm just picking number let's say these this is pays fifty dollars for a one of the backs of one in the box of us reagan and he could make you know much more so there's no doubt about it he cannot just pay the wholesale and goodbye that's wrong we started the panama era's mom is a case of an estuary now here you have to figure out so what does he have to pay so you know the soyum they have a way of figuring out what price depending on how excited the you know the the care is and how much money he has so then the prices start to fluctuate you know you know significantly but at least the price of a good asterisk is what he has to pay you can't just suffice with wholesale avada that's not you know inclu included of course we have to add there's a famous and kufu gimmel a very a celebrated where he said if you damage someone's ass rig all you pay is for kosher esther he based it on a gemara when someone damaged a a carbon so he could pay just the price of a carbon oif because you could have packed these up with a carbon knife so he held an estrich has the the mitzvah value and the custard esta could replace even a gorgeous s-rig but the graham smee says it's a chicago it's not true an asterisk has value a carbon has no value it's a carbon yeah it's an app but you can't sell a carbon so therefore a carbon knife carbon behemoth it's all the same but i thought that we don't go with the the environment even as a sniff so you lose the you you damage the estrogen you pay the value of an estrogen our original question when someone damn scratched the car or slight damage in a car so obviously if it's a new car then that's something that's aimed at the tickle the question is if it's not a new car and the person already has a scratch and a dent but you know the the mazda the music thinks listen i'm getting a free repair why not take advantage he didn't have to pay so here you have to be careful and i want to explain because the truth is that even though he could fix the car but you didn't fix it till now what's the shot the terrace is but you know when you scratch the car damage the car it's not worth it it's not aimed with the sakin so why is someone else to pay now you know the the words scratching and denting in a car especially an hour you know now the world we live in is a very emotional concept you know i once said and i i didn't mean to be funny in christ we live in a world where nothing is but some people their car is worth more than the money and their lives if you scratch a non-juice car be careful you know it's not a mistake it's going to get all excited this is understandable very heavy emphasis is is is placed on the appearance of a car by a year that shouldn't be like that you know we have a car it gets us places okay someone you know smashes the car then it's the corner it has to be fixed i say that people will be more mavata when it comes to these little scratches and and dense i've heard stories that are mama misha himachustrain there's people who make others to pay big money because they wanted this to fix even though it you know didn't at all affect the performance of the car i would say hope i'm right it's a big schooler people like that word it's a big school to be mavata and not be much higher yet to pay a scratch or a dent that's why my level or in my written performance of the car now who am i to say that i'm just telling you that it makes sense you know it to pay but one thing i will say and this i saw all the hindi police can agree if there's a scratch or a dent in the car that is not typically oi midlasaka and people don't fix it and barrage you have already has bent in the scratch like that so then even though there is a demate tickle you could bring it into the body shop he'll do anything you pay him will do anything so which i have to repair it and is it the mate tickle but if you don't do it so that means there's no depreciation so then you can't remember the other person to pay i you'll say but the main tikkun but the problem is in this case there's no hesi if there's no depreciation because this is a small scratch in an old car and ain't ain't then halal dent you have another enough dents as it is so there's no depreciation if there's no magic then there's no domain ticket the main ticket is not independent if there's a hazard this may tickle so again you have to be careful when to apply this you know the music has you know takes one stance the magic but the levation would work together that's something that has no that makes no depreciation in the value of the car there's no he have to pay i mean imagine someone scratched someone else's cell phone so of course you probably could find this thought's going to fix it and then paint it up but things that we don't fix the hazard ish right the ferris things that we got on that oil with the sake or costs more than the whole thing is worth and you can't be making my ticket a person could do a scratch and it comes out crossing a hind raft someone scratched i give another muscle this is also a um someone scratched someone's table so the states are you know it's it's the table has not been affected you can find the company that will fix it and then pilot but it comes out of hindrance and basically just you know overlook it if there's no real depreciation then there's no hiv ticket a very beautiful sheila because mom is an afghan of our original question if someone did big damage someone else's car or house whatever it is and we know exactly how much the cost is but the nzx the magic says rev rap music you have insurance you will get all the the laws from insurance you probably get more so go to insurance and leave me alone so the embassy is if you hold that the syrian is only the sauron and the nizik will be able to collect the the sarin so maybe the mazda has a time but since as we said the kiev is not the main sir it's either depreciation or the maid tikkun so what do you what does your timer have to do with my insurance you are damaged there's a fear to pay pay well i invested in my insurance that's my investment there's nothing to do with you and that's why the earlier poise comes ratio zion and others all say even though insurance will fully cover the damages that's not a tour on the magic masjid has to pay them a ticket or the may pass and what i get by insurance is my investment and that's why the taina in itself is incorrect the only reason why the mice today a person could often say this is for a logistical problem because if you collect from the mazda that may tickle him and he pays then you can go back to insurance and collect damages if you got repaid that's part of the law that you can't double dip you can't claim from magic and insurance they will ask you and of course he is not a lie or cheat that's certain so even though in theory you could hire the magic but then you can't go to the insurance so then say if you get to pay and let the insurance company off the hook if i care it's a great company let them pay what they have to pay ah your premium goes up it's that we spoke about and we spoke about insurance so that you could make a deal with it within magic i'm gonna give you a choice you pay the extra premium you'll gain and i'll gain rule i know i won't have to lose so then you can work out a deal but just to run behind the fact that there's no hussarn because insurance pays is connected to toyota the magic has to pay it doesn't stay in the tire the insurance has to pay a fascinating shiloh a person damaged a window in a home or a moist okay that's interesting this is something that they is attributed to three different godzilla and kenzai none of them said but anyhow it's someone damages a window in a house he might not have to pay because based on the gemara that you shot up how much the depreciation was no if you have to sell a house in bar park today so you know i don't tell you how much it goes for but uh ashayna might be right well they say no now you're not going to get ashamed about bayer because there's a broken window on the third floor so the million dollar plus value that you're getting is not affected by the broken window so they say the khafiz said that you don't have to pay for the window because there's no depreciation in the the home in absternbc but the point is they're using depreciation in a very unusual way you don't look at the window itself look at the window versus the house and no undoubtedly a house not depreciated by one broken window you'll sell the house for the same amount however the plea with this is that why do you look at the window as part of a house why not look at the window as a broken window and you call up any you know glass shop they'll tell you what the repair is and the may ticket is very clear and that's why the casinis again doesn't quote what i just told you but in beverkam of gimmel he says when someone the damage is just part of a house you pay for the damage of the house what it is not versus the whole house you paid the mate ticket on the window on the wall now i've heard some number diana that probably if they're quoting this in the name of either the brisker or then probably none of them said it because again it's illogical it's based on the technicality of a gemara shaman i say how much this arugu is worth in big field but the end of the day there's a very distinct depreciation and the meticul so basically it has to be understood that you look you look at the damage as a independent damage and you pay the ticket the depreciation but don't group it together with a big house someone had a child he cracked a tile of a either wall or or a floor and this this type of tile is discontinued there's no way to to replace with another tile so the then is saying well you have to put a whole new floor hole in the wall with new tiles now of course they'll say that may tickle is a new floor is excellent amount of money but that's that's unreasonable because that's not the piece you can't claim the appreciation for a new floor so you have to work out what the depreciation is as it is and really in the same stickle says in the pharisees if a person made deep holes in someone's horse and if the maid taken is more than the depreciation then all agree you cannot charge the maid tikkun it can't be unreasonable for one time i have to put on the whole new floor that's uh that's unreasonable and that's my is the true story i know the person that was involved he owned the car that wasn't old it was ancient literally 1974 older than some people here but mama but it worked wonderfully and the book value was a hundred dollars they didn't give more to that for that age you know and someone damaged his headlights and the repair was to replace at 150 dollars so here the the mate tickle is more than the value of the car so the nizik said you know i you know i i i'm not trust me for me the call it it's worth everything what are you gonna give me you're gonna say a hundred dollars i want to fix it so here we have a unique case where the demate tickle is a reasonable amount so why should you know the demands say you know i should have exploded your car i'll be cheaper hundred dollars now that i broke the headlights 150 okay so you could have done that but i said there is a it may take and logic would dictate that this and this i think is also the haikan medina that you have to pay ticket and don't look at the the the the bookmark of the card the book value of the card attacker is deceiving because i'm icing for the person it's a fully functional card but that's an unusual case another question someone tore a page of a safer in a shoe or spill some coffee on the on the safer so the truth is if you tore a page of say for the first thing is you could tape it up come scotch paper fix it that's what a mensch does but beyond that you have to know is there depreciation a little of a stain so what i think always the right thing is don't leave the scene of a headache and just uh assume i'm potter why i'll figure it out later yeah you might have to be have to pay but if there's no real depreciation because in in this the school safe is old outfit whatever the husband is so then you look at depreciation as perhaps a possible tour but it's always could i to speak to the guy by the one in charge and tell them and if he says oh don't worry you know you might even say is maybe it's mace mahrez if he's part of his learning he's so excited about turning a page of the block theme toward a page so you have to know exactly the case but there is a tat to say that if there's no real depreciation maybe there's no key of it question someone was in a fancy hotel and they see someone ordered a soda and i don't know the price but i heard it's bombastic for a cup of soda with a you know four ounces of soda four ounces of ice cubes is 18 that's what i heard and he decided to spill out the other fellow soda oh uh though i'll pay you i figured it out for two liter soda of course this i'll give you 50 cents keep the change he just spent 18 000 a cup of soda you're going to give them a 50 cents but the meister that that's the value of the soda no the teres is very positive in a hotel they charge eight miles for a reason there's the ambiance is the way it is the elegance whatever it is and he paid for that so this is an english that now this soda is worth 18 to go tomorrow and give him four ounces of salt with ice cubes is no good if you're very aggressive run home come back with four ounces of soda and four ounces of ice cube put in the same cup no that's taco restoring the damage that's fine but to pay him tomorrow or to bring him up you know a bottle of soda tomorrow is wrong because that's the value here is 18 hours i know people they sell by they have an event they see them as sharks they sell the polandbottom spring water for much more so if you if you take someone's soda and take someone's water but he pays it five times the amount and i'll pay you tomorrow a dollar you can't do that you got that now in this place the value is much more you have to pay the the value in this exact area a big suggest is you damage one of the set the muscle you damage someone's glove the other one is fine but this glove you can't wear one glove you damage someone's shoes earrings the list goes on one volume of a set so the magic says oh how much do the shoes cost 120 okay i'll give you sixty dollars then i said what should i do with one shoe i can't wear one shoe so here the masking items say it's a healthy chain and nikka and also the shoe was there so the truth is i tell people you know you should do go into ten shoe stores and ask them how much one shoe costs so they'll throw you back why are you wasting my time if he has a sense you will say one shoe is 120 and the other one is free that's yeah but the truth is you don't sell one shoe so maybe you look at a shoe as one unit two shoes is one unit so now how much is one shoe value in in the marketplace whatever it is that next to nothing and that's why the playskin and this is really based on the dirig it was written probably 170 years ago one of the yearning sigit so he spoke about someone that lost and one of two earrings shine is more of a but he basically says there's a concept of a set that the second one is not half of the set the second one is uh like you know a long alone earring a long shoe so basically you have to realize that you don't look at a set and half the marshall imagine the the cleanest calls you have good news and bad news the good news i have your jacket that i cleaned the bad news that their pants got destroyed in the machine so i'll give you half the amount of the suit you know i have a certain type of suit that's right pinstriped i can't wear a different pair of pants with this jacket so you know it's like the almond is not not half of the of the of the pair of the suit so you know it's each thing has to use cycle now of course if you lose one volume of a set of swarm or damage one volume satisfied so then the rest of the set doesn't go down a value you could use each safe individually but then again part of the set so it goes on a little more than one you know one fraction one part of a set so a say for that one volume was damaged is more than just the the percentage of that safe adversity set but an earring shoes a suit these gloves where one is functionless so but obviously this the uh the value of the second item goes down drastically and it is a hesitant snicker look at one shoe and tell me why you realize that it went down a value because you can't wear one shoe where this becomes a little of a tricky issue let's say someone damaged someone's key to a u-lock now those you know u-lock is for bikes whatever you lock up a a bicycle or muscle and i have this sheet all the time someone damaged someone's key so the keys were very very minimal value but that's the only key to the u-lock and now we can't use the u-lock and if the u-lock is locking his bike he has to break it open enough to sue do you have to pay for the value of a u-lock or the key that i damaged so this we could understand that a key and a lock that's only the only key to the lock and you damage the key earlier you damage the lock because the lock is basically functionless so some say no it's that's really like a two parts key and a lock but it's more likely that it is in fact one set will you hear this a little easier if you damaged the lock of an apartment building let's say and you have to replace the lock but now all the other keys are valueless you have to pay for the keys you know the keys that that don't open to lock are valueless so this it seems more the price place comes more annoyed to say that keys are part of a lock if the that you damage the lock and the keys are functionless to damage the keys also you can't use those keys so then he has to replace the lock and also replace the keys because now he damaged the keys of all the tenants okay that's a little more easier than stan than paquette but both of them make sense a very challenging question you damage something that has sentimental value but nothing else someone has his great great grandfather's spoon that he used in the lager which is to him is worth everything no market value no actual value but to him it's very valuable so he might say let's be shovely but how much is the value the item worth so the members according to the deceivers that it's all about market value he's about the platf because there is a market value but then again even like us that we go that the question is of value how much value is there to sentimental value so let me tell you if you damage someone's passport or his driver's license or his wedding album which you can't sell you can't sell a passport if you can't sell your wedding album someone else that has a value because every person has a passport and everybody has a license every person has that wedding album so the fact that you won't buy my wedding album that's true but the meister wedding alliums wedding wedding albums and passports and licenses have all the value so that's considered damaging something of intrinsic value the fact that you can't use mine does not take away from the value that's like a used shirt but sentimental value the price can say has no value at all it's just for this person because of a special kavithas and basically the price can seem to be noted that there is no kiev to pay if there's no market value because no one buys sentimental value items because no because it's only for me so the helic is is something that is intrinsically valuable just only to me or something that's not valuable i'm not saying sentimental value is a michigan no it's not but it's not something of value something that's antique a collector's item you have a christian of a they all have market value that's much easier to understand but sentimental value that really have no value to anybody else but to the person the place can seem to feel is not really something now regarding the the the payment of tsar as sorry that's subjective because you look at the person sir and here but this equation how much is the value the item worth the item is worth nothing in the market and therefore there is no and last but not least let me give you food for thought how would it be shy that a person damage is something that has a market value of ten thousand dollars and he might argue that he gets away scots-free so let me tell you a story out of it ever happened but it's quote an old this forum the someone owned two of the last remaining stamps in the world two stems and that was it a very precious commodity a very precious collector's item and each one was valued at ten thousand dollars and a magic damaged one of the stamps but because of that now the last stamp went up in value and now the last one stamp is worth twenty thousand dollars so in the safe for oil yoshai and baba kama on the tough i inhesp has also this discussion they quote up officially are saying maybe the mag doesn't have to pay because there's no kisarin he went from twenty thousand dollars two stamps twenty thousand dollars in one stamp maybe it's even easier to watch once then then two stamps but of course this doesn't it's not convincing because had it been the mecca sorrowing you could say there's no surrender but if it's if it's hazard depreciation you damage ten thousand dollars the oid when you damaged it the price didn't change till later so there's here to pay what are you telling me what happens later and said this if you ever said the first fifth but let's say the second when the first stamp was damaged second one went up and now it's nineteen hundred and ninety five dollars five short of compensating the original stamp so once it's not a full compensation the whole we have to pay but the truth is the whole question is based on the side of the vehicle but once it's made hezekiah has to pay i couldn't talk to you all [Music] foreign [Music] right [Music] sure [Music]