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There have been reports that the 3D effect on Nintendo’s new flagship console, the 3DS, may make certain users feel sick. Nintendo are aware of this possibility, and prudently advise users to take a break after 30 minutes of gaming. The 3D can also be turned off. But we know it can be difficult for companies to regulate how their consumer products are used.
Not all retailers are offering a full refund to users who return the console for this reason. The stores are taking the line that as the individual units are not “faulty,” the goods are fit for purpose and so comply with the Sales of Goods Act 1979.
If a product is not “safe” for its foreseeable use, then we think it cannot be “fit for purpose” – but whether this applies to the 3DS will only be answered if the issue is litigated, by a consumer or by Trading Standards.
Even if the stores are right, this negative PR will undoubtedly harm the product’s sales.
In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
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Last month, the Information Commissioner’s Office (ICO) announced notice of its intention to fine (NOI) Marriott International, Inc. £99m for infringements of the GDPR.
On 16 July 2019 the Serious Fraud Office released details of the Deferred Prosecution Agreement reached with Sarclad Ltd in July 2016.
Sussex Partnership NHS Trust was sentenced on 14 June 2019 for failing to provide safe care and treatment to a 19 year old inmate being cared for on the hospital wing of Lewes Prison, Jamie Osborne.
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