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Lt. Commander
Join Date: Dec 2007
Posts: 120
# 116
02-07-2010, 05:31 AM
Quote:
Originally Posted by tedgp123 View Post
Op. So you seriously think before posting?

As for fanboi's, what do you expect when youa re trolling on the official forums.
You're not smart, you are not unique. You will not be able to pose any form of class action lawsuit.

2/10 for the attempt though.
Actually this guys is wrong.

The action you would have is contract. There is an agreement between you and Cryptic. In some jurisdictions this will extend in relation to the original product (even if you bought it from a retailer) as well as in relation to your subscription agreement.

The question will be what term of the contract they have breached.

I can think of at least two in relation to server downtime. Into the contract there would be implied
a term:

1) That Cryptic will act so at to treat all players equally. This is required to give the contract efficacy for EU customers.

2) That the servers will remain up 24/7 save for reasonable downtime.


It will then be for the individual to prove these have been breached.

Also into every contract with UK customers are the terms

1) The product will be fit for purpose and of satisfactory quality

and

2) That Cryptic will carry out their services with reasonable care and skill.


Again, it will be for the individual to prove these clauses have been breached.

As you can see, I am not expressing an opinion on whether there has been a breach, merely that its wrong to say there is no cause of action.

PS. I'm a UK Barrister who specialises in Consumer Contract Law. Howevver, I am not holding myself out as providing legal advice to anyone. This is simply a general observation about the law.