| Stuck on Law essay regarding the purchase of a dvd player that doesnt play copied dvds?

Stuck on Law essay regarding the purchase of a dvd player that doesnt play copied dvds?

justin a asked:


I cannot find any incidents/laws regarding a man buying a dvd player for which he intended to use for playing dvds which he copied from several vhs but did not work therefore he wanted a refund but the shop denied him. The copyright issues I have dealt with but regarding his consumer rights as he intended to play copied dvds I have no idea about.Please help.

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Comments

2 Responses to “Stuck on Law essay regarding the purchase of a dvd player that doesnt play copied dvds?”

  1. djb3500 on May 31st, 2009 9:08 am

    There are a couple of issues here.

    Firstly contract. Did the seller state or represent that the product would play dvds of this type ?

    Secondly, consumer statute. This depends where you live, of course.

    Most jurisdictions provide that if a product is not fit for the purpose for which it is sold it must be refunded. If the purpose was made known to the seller or the Buyer was influenced by a statement as to purpose (such as “backup your deteriorating VHS to dvd …”) the product would not match the description.

    You could argue that the obvious reason you buy a player is to play dvd’s and that a fetter on this is always a defect however you would probably fail.

    The buyer’s subjective intention is not really relevant in determining whether the product is defective.

    One other point is public policy. A court will generally not lend aid to a party seeking to acheive an illegal purpose.

  2. Barry C on June 3rd, 2009 5:31 pm

    In the US, shops are not required to take goods back at all if not defective, they do so as a courtesy to customers.

    If he bought the wrong device and is not happy with it, there are easy ways to sell it - craigslist, classifieds, bulleting boards, ebay….

    There are no consumer rights here - if I buy a XBOX only to find out it doesn’t play PS3 games, and the store won’t take it back, so what? That is their right.