Author Topic: All Halocha Shailos and Tiffeh Questions (Read 972729 times)

aygart · « **Reply #1820 on:** November 16, 2016, 07:57:50 PM »

Quote from: skyguy918 on November 16, 2016, 05:45:06 PM

And the Prime member would not have been entitled to this compensation if he hadn't made an order that was late. Why is one deemed more important than the other.But he 'borrowed' the Prime.

You borrowed a tool, and it malfunctioned while you were working on a project, ruining your project. The manufacturer replaces the tool (which you return to the owner), and sends a check for the damage to your project. Do you give the owner the check?

Just to be clear, I'm not saying the answer to the question is that the compensation absolutely should go to the user. But everyone else seems to be saying it's clear cut that it should go to the Prime member, and I'm just pointing out what I deem to be a legitimate opposing argument.

Is Prime borrowable? The buyer was not entitled to free two day and still is not. He has no right to complain at all. It is only the member's right to complain that his order didn't arrive on time. It is the member's order.

There was no damage to the item. In your case of the drioll the borrower's property was damaged.

skyguy918 · « **Reply #1821 on:** November 16, 2016, 08:04:34 PM »

Quote from: aygart on November 16, 2016, 07:57:50 PM

Is Prime borrowable? The buyer was not entitled to free two day and still is not. He has no right to complain at all. It is only the member's right to complain that his order didn't arrive on time. It is the member's order.

I don't know if what you're saying is true, but even if it is, you can't have it both ways. If that were the case, the Prime member should tell Amazon and forfeit the compensation. It's certainly not a simple taus akum from the member's perspective, as it was elicited from Amazon by the user.

mordygross · « **Reply #1822 on:** November 16, 2016, 08:11:52 PM »

Quote from: skyguy918 on November 16, 2016, 07:36:43 PM

You're just kicking the can down the road. Should they not be paying something 'al pi din' in this case? What makes it a knas?

Probably because they're terms and conditions make it that they are not responsible for anything so you have a contract which absolved them frim responsibility and if they're paying anything its out of their goodwill

aygart · « **Reply #1823 on:** November 16, 2016, 08:35:26 PM »

Quote from: skyguy918 on November 16, 2016, 08:04:34 PM

I don't know if what you're saying is true, but even if it is, you can't have it both ways. If that were the case, the Prime member should tell Amazon and forfeit the compensation. It's certainly not a simple taus akum from the member's perspective, as it was elicited from Amazon by the user.

You don't know if someone can lend out their prime? How about checking their terms? If they feel that it is being lent out they will cancel the account.

skyguy918 · « **Reply #1824 on:** November 16, 2016, 10:06:18 PM »

Quote from: aygart on November 16, 2016, 08:35:26 PM

You don't know if someone can lend out their prime? How about checking their terms? If they feel that it is being lent out they will cancel the account.

I thought you meant it can't be borrowed practically because it's a service. As I pointed out, your argument leads to the conclusion that neither of them should get the benefit, not the member.

aygart · « **Reply #1825 on:** November 16, 2016, 10:13:05 PM »

Quote from: skyguy918 on November 16, 2016, 10:06:18 PM

I thought you meant it can't be borrowed practically because it's a service. As I pointed out, your argument leads to the conclusion that neither of them should get the benefit, not the member.

I did mean practically and used the terms to make a point. I don't think it is the buyer's order. I think it is the member's order which he then gives over to the buyer. As such the money is fur prime not living up to its expectations and belongs to the member.

yoruel · « **Reply #1826 on:** November 16, 2016, 11:21:40 PM »

Another reason to say its the members is, hilcos ribis if Reuven borrows shimon credit card, and Reuven doesn't pay on time. Shimon may not charge Reuven for the fees. Thus for bad and for good the member gets the fees associated to the account.

emjee · « **Reply #1827 on:** November 17, 2016, 07:54:50 AM »

Quote from: yoruel on November 16, 2016, 11:21:40 PM

hilcos ribis if Reuven borrows shimon credit card, and Reuven doesn't pay on time. Shimon may not charge Reuven for the fees. Thus for bad and for good the member gets the fees associated to the account.

I would love to buy your copy of shulchan aruch.