Payment for Damage - Received Free Repair
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Question
Hello, I lent my car to a friend at his full responsibility, and he got a flat tire. I went to the garage to fix it and also repaired something else, and I asked them for a discount on the expensive service to at least fix the flat tire for free, and they agreed, but maybe if there wasn't a flat tire, they wouldn't have given me a discount just like that. Can I still charge my friend the cost of the flat tire repair?
Answer
Hello
The one who caused the damage is obligated to pay the full price. Since the discount was given to you personally, in exchange for the service you performed.
This answer is correct for the case you describe in the question, where the expensive repair you paid for was not related to the flat tire caused by your friend. However, if the repair is general maintenance for the car, and the flat tire repair is included in this payment, it is not possible to charge the one who caused the damage for the damage, because you would have done the general maintenance even without the flat tire.
Source
Response of the Dayanim of the Beit Hora'ah.
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