A Nintendo GameCub console is pictured in this photo from WikiMedia Commons.
Image Credit: WIKAMEDIA COMMONS
March 16, 2023 - 7:00 PM
A B.C. man who bought a used Nintendo GameCube has won a legal challenge after one of the games that came with it didn't work.
According to a March 10 B.C. Civil Resolution Tribunal decision, Ryan Filipcic bought a used gaming system from Russell Brant after seeing an ad on Facebook Marketplace.
Filipic paid $240 for the GameCube which included two controllers and four or five games.
While Brant had told Filipic one of the games, Fire Emblem, was "a little scratched" he said it just needed cleaning and still worked. However, when Filipic put the game in the console it didn't work.
It turns out the only game Filipic wanted was Fire Emblem and it was also fairly valuable. He then took Brant to the online small claims court to get his money back.
In the decision, Brant argued the sale was "like a garage sale" and the system and games were sold "as is."
However, the Tribunal didn't agree.
The Tribunal points out that used goods have an implied warranty.
"The Sale of Goods Act says that goods sold must be durable for a reasonable period with normal use," the Tribunal ruled. "Given the game did not function immediately after the sale, I find it was not reasonably durable in the sale’s surrounding circumstances."
The Tribunal points to messages Brant had sent Filipcic saying the game worked and he'd tested it just before the sale.
"I find the game should have been operable on Mr. Filipcic’s first use, and it was not. So, I find Mr. Brant breached the parties’ agreement and Mr. Filipcic is entitled to damages," the Tribunal ruled.
However, how much the damages should be was up for dispute.
It turned out that the Fire Emblem game was possibly worth more than the GameCube and other games combined.
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Brant says he thought the games were worth $20 each and he didn't know Fire Emblem was a valuable game.
Filipcic says he only bought the system because it came with Fire Emblem, which is for sale online for $280.
However, the Tribunal said Filipcic hadn't confirmed $280 was the fair market value.
Brant says he'd since found out it was worth $120.
"I find the best evidence of the Game’s value is the $120 Mr. Brant said it was worth when they looked online, though I acknowledge they provided no supporting evidence of this," the Tribunal ruled.
Ultimately, the Tribunal ruled Brant pay Filipcic $120 for the cost of replacing the game. He's also on the hook for $65 in fees and interest.
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While Filipcic offered to return the GameCube, Brant said he didn't want it back.
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