Sorry it's NO
You broke a agreement between seller and buyer , thats it end and simple
I think the agreement is that you void your warranty (or something) if you jailbreak it, and therefore Apple is not liable for the consequences ... I don't think there's actual language forbidding the purchaser from doing whatever they want with the phone after purchase -- it's their property after all ...
To say the buyer has a "right" to do so is ludicrous
Why is it ludicrous? Anybody has the right to do anything they want with their own property (as long as it doesn't violate the law, and jailbreaking isn't illegal) ...
STill who can tell if they jail broke and restored to file for warranty reasons ??
I remember one iPhone update that totally bricked jailbroken units -- not sure if they were able to restore to factory settings if they couldn't even operate the device ... but I could be a-membering wrong ;-)