S 2(8) SGA 2015 provides that ‘“Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.’
A definition from the Consumer Rights Directive 2011/83/EU may help to shed further light on this.
Art 2(3) provides that ‘‘goods’ means any tangible movable items, with the exception of items sold by way of execution or otherwise by authority of law; water, gas and electricity shall be considered as goods within the meaning of this Directive where they are put up for sale in a limited volume or a set quantity.‘
The critical point is that the things must be both:
(a) tangible; and
The Explanatory notes to the CRA 2015 say that this covers ‘anything physical which you can move’ [para 38].’
A car is both tangible and moveable as is a bag of carrots.
An aeroplane is also tangible and moveable.
So something that is fixed to land- like a house is not a good within this definition. (See para 38 of the Explanatory notes).
Note that where water , gas and electricity are sold in a limited volume or a set quantity (e.g. gas in a gas cannister) they too can count as goods.
The CRA 2015 has gone for a simpler definition than section 61 of the SGA 1979 which refers to ‘“goods” includes all personal chattels other than things in action and money, and in Scotland all corporeal moveables except money; and in particular “goods” includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale and includes an undivided share in goods.’