Computer Associates UK Ltd v Software Incubator Ltd

Contract – Breach of contract. The appellant company succeeded in part in its appeal concerning alleged breach of duty in a contractual dispute. The Court of Appeal held that, among other things, the judge at first instance had been wrong in law in holding that software, which had been supplied to the appellant's customers electronically and not on any tangible medium, had constituted 'goods' within the meaning of reg 2(1) of the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053.

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