Private Law Theory

ABSTRACT
The proliferation of cryptoassets raises the question of whether they are goods, services, digital content or something else under English sale and related consumer protection laws. Cryptoassets are not goods because they are not tangible and are not stored on any tangible medium. They are not services because they are not activities but property. They do constitute digital content within the context of business-to-consumer contracts, but are not digital content outside that context. Given that cryptoassets cannot easily fall into any of the traditional categories, this article proposes that a new sui generis category should be created for cryptoassets.

€ (Westlaw)

Jiabin Lai, ‘Cryptoassets: goods, services, digital content, or a sui generis category?’ (2023) 34(5) International Company and Commercial Law Review 287-300.