DriveClub Owners May be Able to Seek Refunds Under Sales of Goods Act, Says UK Law Firm

October 25, 2014 Written by Zarmena Khan

driveclub crash

If you thought DriveClub’s launch woes couldn’t get any worse for Evolution Studios, think again. UK law specialist, Sheridans, has said that those who purchased DriveClub can possibly return their copies of the game and seek appropriate refunds under the Sales of Goods Act in the country. Alex Tutty of Sheridans spoke to The Guardian and said that the aforementioned Act “should apply” because one of the core components of the game, its heavily-promoted multiplayer functionality, was not of satisfactory quality. 

The Sale of Goods Act should apply. This includes provisions that the good is as described and of satisfactory quality. The multiplayer functionality in DriveClub is arguably one of its core components and so as it is not working correctly may be considered a breach of the Act. If that’s the case the player can choose to reject it – in a reasonable time – and return it and obtain a refund.

However, Jas Purewal, a lawyer from Purewal & Partners, said that the law is made more complicated by software products. 

If a game does not work as expected but the publisher is then able to remedy that, is there a claim? If the game does not have certain functionality at launch due to factors outside the publisher’s control, is there a claim? If the game does have everything the publisher promised but sheer demand means the online functionality can’t work fully, is there a claim?

Purewal believes that there are no definitive answers to these questions yet, but that the court or regulator will need to strike a “fair balancing act between the two sides.”

Perhaps, it’s recurring situations like these that may prompt countries to redefine laws when it comes to software products. What do our readers think?

[Source: The Guardian]