Who should pay for the textbook?

Question

We had a 35 per cent group assignment for our course.

Our constitutional law textbook costs almost $ 109 plus tax. One of our group members has an extended version of the textbook which costs $130 plus tax.

I did my share of work and wrote 9 pages and helped with the citation. This girl in our group has a phD father and is very good at the essays and exams She wrote 22 pages and did alot of the editing and citation. The other guy didn't do anything, but he lent us his textbook. She highlighted and wrote heavily in highlights on the side of the textbook pages.

He says she ruined his textbook without asking him and he can't resell it for as much. He wants her to buy the textbook from him for $ 110. But she got offended and said she will only give him $ 15, because the course costs alot and he would have failed the course if the professor found out because doing the essay is one of the course requirements. But he says that she damaged his property without consent and therefore should pay.

Answer 1

She ruined his book she needs to pay him back.

However, if he submitted a group assignment and did nothing then the professor should be informed.

The guy sounds like a total loser anyways.

Let's try being honest,it solves all sorts of problems none of which was your doing so get to it!

Answer 2

She ruined his property and should pay him the money for it, and the professor should be informed that he didn't do any work. If him giving you the textbook was part of an agreement for the division of labor, she must still pay for it unless 'use and destroy' was explicitly mentioned as part of the deal.  

Answer 3

I can only give a personal opinion.  Sure, she should have asked before she wrote in the textbook.  He may get less for the book because of the writing in it.  However, I often would get a textbook as highlighting would sometimes give me info I wouldn't have otherwise and might show me what was important so I didn't mind the writing and it might be cheaper.  Even if text cost $130, he could only get half of that if the book was in good condition  ($65) and they sell it for 3/4 or 2/3.  So his $110 figure is way off.  

You could go to bookstore repurchaser and check to see what the book would sell for with or without the highlighting and notes and you'd have a better idea of the value or devaluation of the text.  Since he claimed he couldn't get as much to sell it back, it could be based on the difference of what he could get.

At the same time, the jerk didn't do diddly.  How many in the group were supposed to write?  Were there only the 3 of you?    If so, then he did nothing.  So what is he going to do, sue you for the book?  Then you have the actual damages -- the comparison of value of used book with and without the writing in it to argue.  You also can argue that he contributed nothing to the essay and yet he got credit for the course. I'd even figure out the hours you each worked at a reasonable rate for each hour and calculate that into the equation.  I'd argue it would be unjust enrichment for him to receive any money back, although the girl offered him $15.  She could argue that it was necessary for her to write the pages in the time only by doing the notations and the citations.

I think I'd not pay him anything and let him know that the professor might find out about him not doing he work if he threatens to take action.  Don't threaten, just inform him that if he does sue, it might be good experience but the prof is likely to find out that he didn't do any work for the class.  Now, if he did something else, such as some research or checking cites, then he did do something so don't negate that work.  

I hope you got a good grade in it.  Constitutional law and contracts - Yech.   I'd tell him no, but you always want to go in with the information.  He who has the most knowledge and information often wins.

Good luck.

This is not a legal opinion as I am not a licensed attorney.