ABSTRACT

This definition may be analysed as follows: 1 Chattels personal other than things in action and money. The term ‘chattels personal’

covers all tangible,1 moveable,2 property,3 and even water, oil, gas and air, eg, compressed air, though electricity is more doubtful (see post, para 3.07). In relation to computer supplies, the English courts have taken the following prima facie view:4 sales of tangibles, viz, the hardware, instruction manual and floppy discs carrying the software, are supplies of ‘goods’, whereas sales of the (intangible) software itself are

[2.01] 1 These definitions are respectively set out ante, paras 1.13; 1.16; 1.24, 1.19. 2 These two definitions also vary as between themselves: see Trade Descriptions Act 1968, s 39(1); Fair

Trading Act 1968, s 137(1); and see the criticism in Cmnd 6628, para 68; and Bragg, Trade Descriptions, Chapter 2. See also the (again different) definitions in the Factors Act 1889, s 1(3) (see post, para 21.29); the Torts (Interference with Goods) Act 1977, s 14; the Trading Stamps Act 1964, s 10(1); CounterInflation Act 1973, s 21(1); Companies Act 1985 (see post, para 25.28A); Consumer Protection Act 1987, s 45 (see post, para 4.32). Are all these differences in definition justifiable?