as he has not looked after the tool in question and gave it for you to use albeit in a very poor condition it can-not be your responsibility for replacement for when it broke,
it could be argued that he gave you the tool whereby any reasonable minded man would foresee the likely breakage to occur due to the rust and poor condition of said tool and used you to get a replacement tool
furthermore as he binned it [destroying any evidence] and not tried to get it replaced under warranty relinquishes your responsibility for replacement plus he can-not have any claim for damages
Firstly, I don't believe I was asking for a moral judgement on whether I should, or should not replace the tool. I was simply asking if anyone had something of reasonable quality they were willing to sell on for a price I was willing to pay, given the circumstances.
Secondly, you're casting aspersions about someone you've never met. Who happens to be a very good, and old friend. Therfore i should be cautious about making judgements about strangers and their friends.
Thirdly it is my choice, as one good friend to another, to replace the tool as a gesture of goodwill and friendship. He's already told me I don't need to replace it, but I would like to.
Fourthly there are a number of details and facts I have left out because this is a public forum. So to draw conclusions in public without the full facts at hand I think is foolhardy.
Thank you for your concern, and if I need legal advice I'll know where to look.
