Liability for defective software

✍ Scribed by I. Lloyd

• Book ID: 103971090
• Publisher: Elsevier Science
• Year: 1991
• Tongue: English
• Weight: 858 KB
• Volume: 32
• Category: Article
• ISSN: 0951-8320
• DOI: 10.1016/0951-8320(91)90054-b

✦ Synopsis

This paper uses a number of hypothetical examples to explore some of the significant forms of legal liability which may arise in the event that software proves to be defective. Examination is made of the application of the provisions of the law of contract with particular reference to the requirements of merchantable quality and fitness for purpose imposed under the Sale of Goods Act. A second aspect of liability arises under the law of delict or tort. This provides for a party to be held liable for injuries caused by their negligence. Consideration will be given to the question, what level of conduct can be regarded as negligent. Finally, reference will be made to the recently introduced system of product liability and to the possible application of the development risks defence.