My son is in University. He went into the room and was playing some funny clips to one of the roommates, however one of the clips was a pre-programmed voice on his laptop making fun of one of the roommate's girlfriend. The roommate got up and slammed his laptop closed which has internal cracks in the screen so there are colors all over the bottom right of the screen. Even though what my son did was very immature, does the roommate have to pay for breaking the laptop because he still has a freedom of speech to say whatever he wants. He also put up his hand to hit my son but stopped and went back to his desk.

Freedom of speech is no defence to slander, it also doesn't mean you can say whatever you want about any body else..

Yes I understand that but there was no right for him to break the laptop. Still does he have to pay for it? If he had a problem, he could have told the Dean not broken someone's laptop? And my son said he did it as a joke because it was a computer voice.

I do not know exactly what the voice said so I don't know if there was slander or defemation involved. The boy who did slam the computer closed has a responsibility to cover the repiar but you might have to sue him, he can't be arrested for what he did, this is a civil matter.

The voice was about 8 seconds, basically saying my son was having sex with his girlfriend.

As indicated, what was said is most likely immaterial. It did not give the other student the right to attack your son or his property. Ergo, he is responsible for repairing the laptop.

But, if he refuses you will have to sue and even if you win (a good likelihood) you will then have to collect.

I'm assuming here that you did not purchase the laptop with accidental damage coverage and your homeowner's insurance won't cover it.

What is the law on this one though because I just want to take it to the Dean rather than sueing. I don't have accidental coverage and it cost $500 U.S. to replace the screen

The law is that anyone responsible for damage to private property through negligence or willful action is responsible for paying for its repair.

I doubt if the Dean will get involved, but its worth a try.

Can the boy say that he damaged my son's laptop because of "slander" as a defense

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Originally Posted by tom_jones

can the boy say that he damaged my son's laptop because of "slander" as a defense

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I already answered this.

First, the boy was not slandered, maybe his girlfriend was, but not him.

Second, that is no legal excuse for causing damage to a person or property.

However, the Dean is not subject to actual law. The Dean could tell you (or your son) that he should have realized that playing that clip in the other boy's presence was sure to inflame and your son should have realized the potential results of doing so.

Since this is a Small Claims matter, a Small Claims court judge might rule similarly and hold your son partially responsible, reducing the damages awarded.

OK thanks a lot for your help

The boy is now saying that he did not intentionally mean to break the laptop and he is very sensitive about people talking about his girlfriend.

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Originally Posted by tom_jones

The boy is now saying that he did not intentionally mean to break the laptop and he is very sensitive about people talking about his girlfriend.

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He may not have done it intentionally but he still broke it.

It's the same as a car accident. No one intentionally gets into an accident, doesn't mean that the person at fault is any less at fault.

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Originally Posted by tom_jones

The boy is now saying that he did not intentionally mean to break the laptop and he is very sensitive about people talking about his girlfriend.

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You really should review the thread before asking questions that have already been answered.

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Originally Posted by ScottGem

The law is that anyone responsible for damage to private property through negligence or willful action is responsible for paying for its repair.

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The part; "through negligence or willful action" covers his claim. He was negligent in not taking care when closing the laptop. End of story.

Sorry I'm a doctor not a lawyer. I wanted to make sure I had all the facts.

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Originally Posted by tom_jones

Sorry I'm a doctor not a lawyer. I wanted to make sure I had all the facts.

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WOW - this is truly AMAZING! Two years ago you were in the 12th grade, writing in text speak with little punctuation on the teen board and addressing how to get girls to think you're mature - today you're a DOCTOR.

You also have a SON old enough to be in College - wow, all in two years!

To put it kindly, I don't think you're a Doctor and I think this post is about you.

https://www.askmehelpdesk.com/teens/...tml#post687053

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Originally Posted by JudyKayTee

wow - this is truly AMAZING! Two years ago you were in the 12th grade, writing in text speak with little punctuation on the teen board and addressing how to get girls to think you're mature - today you're a DOCTOR.

To put it kindly, I don't think you're a Doctor.

https://www.askmehelpdesk.com/teens/...tml#post687053

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Good catch.

In light of this, I think he's the "son" and his laptop is the one that was broken.

I doubted the claim of being a doctor, because of the poor spelling and grammar, but to lie to this extent, that's sad.

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Originally Posted by Altenweg

Good catch.

In light of this, I think he's the "son" and his laptop is the one that was broken.

I doubted the claim of being a doctor, because of the poor spelling and grammar, but to lie to this extent, that's sad.

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Certainly causes a person to doubt the truth of any part of the story about the laptop, doesn't it?

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Originally Posted by JudyKayTee

Certainly causes a person to doubt the truth of any part of the story about the laptop, doesn't it?

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Very much so.

Lie once, it's not hard to lie twice.

Good catch Judy!

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Originally Posted by tom_jones

I like this girl who is my age 18. How do I make her think I'm mature? I asked her once and she said I'm immature because I make jokes in class and say things that don't mean any sense.

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And it looks like he hasn't matured much in 2 years. Still "joking" only now its escalated. I'm beginning to hope the other student gets away with damaging his laptop.