Consumer rights for broken prize?

frugal_mike

I don't think consideration has to be In the form of money. OP possibly gave consideration in the form of personal details etc (they have value), and maybe by agreeing to to take part in marketing of some form (that also has value). I definitely think OP could argue there is a contract in place, but not that it is a sale covered by the Sale of Goods Act.

unholyangel

frugal_mike wrote: »

I don't think consideration has to be In the form of money. OP possibly gave consideration in the form of personal details etc (they have value), and maybe by agreeing to to take part in marketing of some form (that also has value). I definitely think OP could argue there is a contract in place, but not that it is a sale covered by the Sale of Goods Act.

The consideration doesnt, but it has to be something of value in the eyes of the law. Promises of love and affection, gaming and betting etc are not held as consideration.

Personal details.....well chances are OP already gave these to enter the contest therefore cant be used as consideration (as it must not be past). By marketing i presume you mean research/testing? I doubt this given the consoles have been out for a year now and they generally run specifc testing panels rather than giving them away as a prize.

However the question asked by OP was about whether he can get a brand new unit if the same problem occurs upon its return. Under the SoGA this may be possible. But what rights would he actually have without SoGA protection even if consideration has been given and it is not deemed as a gift?

shaun_from_Africa

frugal_mike wrote: »

I don't think consideration has to be In the form of money.

The SOGA is very specific when it states how the "consideration" has to be given:

(1)A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.

frugal_mike

shaun_from_Africa wrote: »

The SOGA is very specific when it states how the "consideration" has to be given:

I know, that's why I said it was not a sale covered by the sale of goods act.

shaun_from_Africa

Surely the only contract would be one that states the winner of the competition would be supplied with a PS4, something that has happened.
There won't be any consumer legislation that makes it a requirement for the goods to be durable etc as all of this legislation requires the goods to have been sold or leased.
It might even be the case that Sony's own warranty terms will exclude their liability as they may well state that goods have to be purchased but it wouldn't be very goods for customer relations or for their reputation if they did refuse to fix a problem.

deanos

I presume you were entered into the draw because you bought a tv, is the dealer liable as the tv was sold with a prize draw included in the purchase ?

Johnandabby

shaun_from_Africa wrote: »

There won't be any consumer legislation that makes it a requirement for the goods to be durable etc as all of this legislation requires the goods to have been sold or leased.
It might even be the case that Sony's own warranty terms will exclude their liability as they may well state that goods have to be purchased but it wouldn't be very goods for customer relations or for their reputation if they did refuse to fix a problem.

That's pretty much where I've ended up after overthinking it today. I don't have any doubt that Sony will resolve the issue, but it did get me thinking of the potential issues as it was a prize.

Johnandabby

deanos wrote: »

I presume you were entered into the draw because you bought a tv, is the dealer liable as the tv was sold with a prize draw included in the purchase ?

Yes, it was the Sony TV prize draw - 1 in 5 chance of winning a PS4. But I would have thought that it would have been sold with a chance to enter a draw, not any liability for the actual prize itself - that surely would rest with Sony directly who arranged the prize draw?

Johnandabby

So I had the PS4 returned today from the service centre - no communication to say it was being delivered, and no promised email confirming receipt, but hey at least it's fixed!


Erm, no it isn't..... It's been left in a locked repair mode which means I can't play any games or connect to the internet, and it rebuilds the profiles and hard drive every time I turn it on. So back on the phone tomorrow to send it back to the repair centre...

the_lunatic_is_in_my_head

According to a quick look on Google, such prize draws are classed as a lottery which would be regulated under the Gambling Act.