Is is justifiable for me to replace cymbals I damaged and ask for the damaged property?
Yes. If you buy them new ones (which are as good in quality and value) as the broken ones, you are entitled to receive the broken ones. If you want, you can offer to replace the cymbals only on the condition that you get the old ones. This situation is similar to what happens when you break something in stores: “You break it, you buy it.” But you get to keep the broken thing, since you bought it. * * * * * * * * * * NOTE to Rev. Bill C.: What are you talking about? The “rules” you allege are absolutely not common law, and based on the other responses here, they are obviously not common sense or common knowledge either! Even in your own example, the legal result is actually that the person who buys a new car GETS the damaged one, or gets to have the resale price of the scrap metal deducted from the purchase price of the new car. The law governing torts is to leave the victim in a position *as good as* he would have been in if the accident had never occurred, NOT to make the victim bette
