ABSTRACT
[2.01] Introduction. As a species of bailment (see para 1.17 ), the contracts of both hp and simple hiring (leasing) are only applicable to goods; and, of course, the term ‘goods’ is used in the SGA definition of a sale (s 2(1): set out at para 1.07 ) and in the CCA definitions of ‘credit sale’, ‘conditional sale’, ‘hire purchase’ and ‘consumer hiring’. 1 Moreover, the expression ‘goods’ is also to be found in the Trade Descriptions Act 1968 and in Pt 8 of the Enterprise Act 2002 (see Chap 4). Whilst the last-mentioned Acts contain their own (non-exclusive) definition of ‘goods’, 2 the CCA expressly defines goods by reference to the SGA (s 189(1)), as does the Unfair Contract Terms Act 1977 (s 14), the Sale and Supply of Goods Regulations (reg 2: see para 14.01 ); and the SGSAsets out an almost identical definition (s 18(1)). Thus, the major definition for our purposes is the SGA one (see para 2.02 ), which distinguishes sales of services (see para 2.05 ).
