Commercial Law: Sales of Goods Notes

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What is the statute governing Sales of Goods?
Sales of Goods Act 1979 (amended by 1995)
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What is a Sale of Goods?
Sale of Goods is a contract between a seller and a buyer for the sale of 'goods'
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What constitutes as goods?
Personal chattels, things in action and money; things that are intangible such patents, cheques, copyright, shares in companies
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What are the requirements for a sale of goods?
It must be a sale of goods and must be in return for a money consideration
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Does computer software constitute as goods?
Law on this area is still evolving, not a wholly resolved matter. When sold on tangible goods (disks/CDS) the software CAN constitute as goods
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What are case examples on software goods?
St Albans v Computers and Southwark v IBM
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What has happened with case law since?
Recent case law has suggested that the distinction does not matter as much and even if it is not under the SGA the court might help at common law
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What act contains a specific category?
The Consumer Rights Act contains a digital content category
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What is a money consideration?
Any form of payment, e.g.: credit card/apple pay
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What does NOT constitute as money consideration?
Gifts, exchanges
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What is a case example relating to gifts constituting a sale of goods?
Esso v Customs
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Card 2

Front

What is a Sale of Goods?

Back

Sale of Goods is a contract between a seller and a buyer for the sale of 'goods'

Card 3

Front

What constitutes as goods?

Back

Preview of the front of card 3

Card 4

Front

What are the requirements for a sale of goods?

Back

Preview of the front of card 4

Card 5

Front

Does computer software constitute as goods?

Back

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