Can my friend sue me for selling his cell phone?

About one year ago, my friend let me borrow his cell phone, and as long as I returned it eventually, I could hold on to it. It would still be his officially authorized property, though. But I erased all data from the phone and then sold it without his permission. Now he’s asking me for it back. I clearly no longer have the phone, so he’s asking me to pay in cash the price of a new equivalent phone. I don’t want to pay him back, but I said I could simply give him a used equivalent phone. He refuses to take the used phone and questions for the quantity in cash that it would take to pay for a new phone.

We have no written contract, only a verbal agreement. My argument is that a phone is a phone, and that as long as he gets a phone in the end, it doesn’t matter which phone he gets. His argument is that he entrusted me to hold on to his phone, but then I sold his officially authorized property without his permission. I therefore cannot negotiate with him. He refuses to accept the substitute because the phone I sold was the one specifically that he questioned for back. He made the comparison that if he borrowed my computer and sold it, he would also be obligated to buy me a new one.

Who is right in this case? If he took me to a small claims court, would he win?
Would I really lose this case? I have a few more details to add:

1. I really needed the money terribly at the time I sold the phone.
2. If he was a friend, then he would just accept my ancient phone and not demand “free money.”
3. The phone he gave me was a black iPhone 3G S. I am charitable him a white iPhone 3G S, which is equivalent or greater in value than the original one he gave me. If my friend gave me a used $ 5000 Camry or something and wanted it back, and I sold it and offered him a used $ 10,000 Acura instead, why would he still demand a new equivalent Camry?

Answer by Comicbook Reader
He would win. You breached a verbal contract and sold his property without his permission. He is under no obligation to take a used phone. It isn’t your pronouncement as to what phone he should take. You were in the incorrect, not him. You should have given him the cash you received for the phone, not keep it for yourself.

Answer by bcnu
First, you are what is generally renowned as a thief and could be charged with the crime of embezzlement of property. You had a contractual obligation to return the phone and rather than keep it for that eventuality, you chose to sell it for your own profit.

Second, you could be sued for “conversion” of property that doesn’t belong to you (i.e., converted it to your own use by way of obtaining cash for it).

Third, when you are sued (and they agree not to file criminal charges), the best they could hope for (absent return of the exact phone in question) is the equivalent VALUE of the depreciated phone that is now over a year ancient. They could question for punitive hurts but that is unlikely to go over very well in court, based upon the “breach of contract” on top of your tortious conversion of goods.

In other words, you do NOT have to buy them a new phone with equivalent features, you just have to give them the money that the phone you had (and sold) would be worth now. They cannot profit from your “mistake” and all they would get back would be the ancient phone, if you still had it, so you are only obligated to pay for what the ancient phone would be worth.

Answer by cameronissim…
sounds like you both had a verbal contract too which you posted here as proof you did. It said you would return said phone and not one of the equivalent value but the same phone… there lies the conundrum as you sold the Original phone which is a breach of contract too which you had a verbal agreement too return..

one of the common laws is, not too be mischiefs in your contracts too which you broke

Answer by Prorkycake
Your friend would win and your logic is incorrect. The phone was lent to you with the intention of being returned. If the judge believes your friend, this situation would more liable than not be seen as a officially authorized, binding verbal contract. It meets the elements of a contract. If he can prove he bought the phone, it would set up ownership. The original agreement was not for the return of “a cell phone”. It was the return for his specific phone. By all officially authorized interpretations, your friend hit the nail on the head and would win against you without hesitation.

By promotion the phone, you can also be charged with conversion which is the civil equivalent to theft. Conversion occurred the minute he demanded his phone back and you refused.

You are not right in any way, shape or form. You will be ordered to pay his court costs, and the promote value of the phone.

Answer by DaveP
He is morally right; you are legally right. You owe him the value of the phone you unlawfully appropriated (stole) from him. That is the value of the phone (used) as it would be expected to be when you were supposed to give it back to him. If you had complied with your agreement, you would be charitable him back a used phone. He is upset with you for very excellent reason. You are small better than a thief. He is therefore thinking that, because of your terrible behavior, you should be punished by having to give him a new phone. That’s everywhere the “morally right” comes in. He feels a moral indignation toward you. You should sincerely apologize and offer him something more than the used phone was worth. But you shouldn’t have to buy him a completely new phone. If he borrowed your ancient computer and lost, hurt or sold it to another, he would only be responsible to replace what he borrowed–a used computer. Here’s another example: If you loan your car to someone (imagine that it is uninsured) and he wrecks it, does he have to buy you a new one? No. If it is a 1996 Saturn, he has to buy you a 1996 Saturn or pay you the value of a 1996 Saturn. He doesn’t have to buy you a 2010 Camry. Excellent luck. But do realize that you did incorrect and part of his desire to have you buy a new phone arises from his rage and hurt because of your actions.

Know better? Leave your own answer in the comments!

MJ on the rack at K-mart


Image by D.Clow – Maryland
Michael Jackson is dead, lets all make a buck!! We are all familiar with the commercialization of dead celebrities, but didn’t they used to wait for the body to cool? Joe Jackson has Pricilla Presley on speed dial, getting all the plans and details on how to turn Neverland Ranch into the next Graceland tourist trap and money generator.

Corporations that wouldn’t touch the bedazzled one when he was alive due to his controversy and negative press are pushing everything moonwalk related. In the front of the store and right at your cash register checkout lane.

I wasn’t really thinking about this much, it just seemed to be everywhere yesterday….

since they closed already, so I chose to questioned my questions here. I’ve recently upgraded my phone service to a new 2-year agreement through wirefly.com because they offered smartphones for a real huge discounts and even for free. I got the Sony Ericsson Xperia X10. But now I’m trying to sell it since I need some serious cash lately.
1. So when AT&T charged me the monthly $ 15 data service fee is that mean that I can have unlimited internet access through the phone, just like the iPhone?
2. If I sell the phone, will the buyer be able to access the internet by his own sim card while I’m still paying the $ 15 service fee? Meaning I’m paying the buyer for going to the internet.
Those are the questions for now, and I’m sorry if they seem really dumb to you but I really need some answers asap. Thx so much.

Answer by Kat
1) Yeah I have the $ 15 unlimited plot. It is just unlimited web browsing.

2) If you sell the phone…you don’t sell the plot with it. Most likely you will take out your SIM card and place yours into another phone. Your plot will remain active, but there will be no phone attached to it. The phone you sell will need a SIM card that the buyer will have to provide for himself.

Answer by Let Teddy Win
You can’t just pay somebody else’s $ 15 data fee and have it count towards your contract.

If you can’t afford the data features, then my advice is to return the phone to Wirefly. Otherwise you’re going to get hit with all kinds of cancellation charges.

If you are in the first 30 days, just call Wirefly and question for a return.

Alternatively, you can keep the X10 (which is a really nice phone) and the data features, and sell your ancient phone for cash.

Answer by wirefly_kim
HI!

If you are still within your first 30 days, delight contact us and you can return your phone by our 30 day Satisfaction Guarantee as stated on our website: http://www.wirefly.com/about/guarantee.

If you sell the phone, which we do not recommend at all, the carrier might report a deactivation to us. Delight see our website http://www.wirefly.com/about/purchaseterms for more information.

If there is anything else that we can do to be of help, delight let us know. You can email us at onlinesupport@wirefly.com and we will be pleased to help you.
Sincerely,
WireflyKim

Add your own answer in the comments!

8358dkqk1zbp6p0cbtkdlzlbsq.hop.clickbank.net “Newly Learned Cell Phone System Allows You To Tap Into The Fastest Growing Income Opportunity The Planet Has Ever Seen… “In the next 8 Minutes I will show you undeniable proof that this system is real, officially authorized and works for most EVERYONE who uses it… “Guaranteed to work even if you’re “un-motivated”… In fact, it’s best if you only place in an hour or so per day!