Please answer BOTH questions ensuring that each answer conforms to the strict word limit.

1. ‘The application of the Sale of Goods Act to the delivery of software online is simply not appropriate. The difficulties of applying an Act designed for the sale of tangible goods are just too great and a special regime of law is required.’

Discuss.

WORD LIMIT: 1500 WORDS

2. Milano Shoes is an Italian company based in Milan, which specialises in high-end designer shoes. On the 1st April 2013, James was appointed as the company’s exclusive agent in England and Wales. James’ role was to sell Milano shoes in England and Wales to retail outlet stores on the high street. The agency agreement provided that James would receive commission on “…all those shoes from time to time manufactured by the Principal and sold in the Territory of [England and Wales].” Milano also agreed not to sell directly to customers in the Territory. The agency agreement did not specify a fixed duration but provided for a termination by either party on three months notice. Further, the agreement did not provide for any compensation on termination.

Both parties were happy with the arrangement until early in 2014, when James discovered that Milano, directed by its US German parent company Milano GmBH, was planning to close down its operations in England and Wales in order to concentrate on the more lucrative mainland European market. On the 15th April 2014, Milano terminated the agency on three months notice and James is now out of work.

James has now discovered that Milano has been selling its own products direct to certain customers in the Territory prior to terminating the agency agreement.

Advise James.

WORD LIMIT: 1500 WORDS

END