Board 8 > Mom WINS Lawsuit on Man who sold a SWITCH that was BANNED from ONLINE!! Fair????

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Full Throttle
12/29/20 10:11:57 PM
#1:


Do you think this lawsuit was fair?



Nicole Jones from British Columbia, Canada bought a SECOND HAND Switch for her 2 kids this spring has won a PARTIAL refund because she realized the console she bought was BANNED FOREVER from going ONLINE!!

She bought it from a man named Jaime MacDonald for $380 on March 18 after seeing his listing on a Facebook Marketplace. His post said it was "lke new" and freshly updated software

She took it home to connect it to her TV and let her 6 y/o play offline chip games, games that ddin't need to be connected to the internet in order to work. But in Mid-May, her kids tried to play online and found it didn't work.

She contacted Nintendo to see what's up and learned that system was permanently banned from online activity because of FRAUDULENT ACTIVITY on March 26..8 days after she bought it.

Apparently he knew it was going to be banned so he pawned it off and a banned account means you can't go online or go to the Shop and can't download games or update their switch ever. Offline games still work though....

Bans are often put in place if a user tries to hack or tamper with the console or buying PIRATED games

She said a staffer told her someone would need a good understanding of computer programming and "quite a bit of time" to tamper with the console that would trigger that ban. Nintendo didn't explain though what fraud that user did

She told a tribunal she had no knowledge of this and how to tamper with a Switch nd they agreed

MacDonald however says she SHOULDN'T be entitled to it because the console was working properly whe he sold it and it still works and said they used it for 2 months without issue and pointed out the offline works.

But the ruling was against him implying warranted on goods sold under the Sale of Goods Act that says goods should be "durable for ar easonable period of time" after they're bought and 8 days was not long enough.

He had to give back 190 smackers, half of what she paid...as well as 88 smackers to cover her interest and tribunal fees!!

Ironically had she just bought a NEW SWITCH, it sells for roughly the same cost as she bought that second hand switch which sells at $400 canadian retail.

Do you agree with this decision?

https://i.imgur.com/x0LNX9B.jpg

https://i.imgur.com/eEMiRpR.jpg
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