The Software Incubator Ltd v Computer Associates UK Ltd

Sale of goods – Repudiation of contract. The Mercantile Court held that, among other things, the sale or supply of software promoted by the claimant company counted as the 'sale of goods' for the purpose of the definition of 'commercial agent' in reg 2(1) of the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053. An award would be made in favour of the claimant, where the defendant company was responsible for repudiatory breaches of a contract to promote software.

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