Q&As

Is bespoke software developed for a customer a ‘good’ for the purpose of the Sale of Goods Act 1979?

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Published by a LexisNexis TMT expert
Published on: 20 November 2017
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Software can be broadly defined as a computer program comprising a series of instructions which, in combination with the underlying hardware and inputs from an End user, allow or cause a computer to perform a specific operation. Custom software (also referred to as ‘tailormade’ or ‘bespoke’ software) is software that has been specifically developed to meet the needs and Requirements of an individual customer. There remains some uncertainty in business-to-business contracts as to whether software constitutes Goods or services for the purposes of a number of pieces of legislation including the Sale of goods

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Jurisdiction(s):
United Kingdom
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Key definition:
Sale of goods definition
What does Sale of goods mean?

A sale is the transfer of ownership by mutual asset of a thing from one person (the seller) to another (the buyer) for a money price.

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