Didn't Bring Back The Goods
Question
Someone gave me money to buy cigarettes for them in the duty free. I bought the cigarettes but forgot them in the plane. Do I have to reimburse them ? Thank you
Answer
Shalom!
Thank you for your question!
There is a difference between someone who is buying cigarettes for someone with his own money and someone who has been given the money to buy the cigarettes.
In the first case, where no money was given up front, the buyer was not a “shomer” of any kind, but rather, merely doing his friend a favor with his own money, assuming that he would be reimbursed for the cost of the cigarettes. Since no cigarettes were delivered, because they got lost/forgotten, then the "shlichus," the favor, was never discharged and the money need not be reimbursed.
If the money was given to purchase the cigarettes in advance - then one doing the favor is considered to be a “shomer chinam,” an unpaid guardian, since he wasn't being paid for his services. An unpaid guardian is exempt from all losses unless he was negligent, and forgetfulness is considered negligence.
Therefore in your case, you would need to reimburse your friend, the money you were given.
Source
CM 183, 291