Economics 3366A/B Study Guide - Quiz Guide: International Computers Limited, Sui Generis, Ca Technologies
22 Sep 2020
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Applies to both consumer and commercial sales. this definition is virtually all-embracing (p77) but there are exceptions and problem areas: The disc itself is corporeal but it is the software that is wanted. Systems (europe) ltd v adobe computer systems (europe) ltd 1996 slt 604, software was being supplied and it was considered what contract could be formed. The judge concluded that the contract sui generis. It would be unacceptable to treat it as two separate transactions/contracts. It wasn"t a contract for the sale of goods. St albans dc v international computers ltd [1996] 4 all er 481, obiter comments talking about computer discs as tangible media qualifying as goods. Could be considered contract for the sale of goods. The courts made distinction between tangible and intangible items and constantly held that intangible items are not goods. The defendant commissioned the plaintiff to paint a portrait.
