By Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors
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Extra info for A Manager's Guide to IT Law
A further fringe benefit for the buyer’s organization was the team building and buy-in that was achieved in the project team, as a result of the time spent working together on the supplier road show. SPECIFYING THE CORRECT REQUIREMENT Many people still labour under the impression that computer systems will, by themselves, solve problems. If an IT investment is made in a hurry and without following a well-proven approach, then the resultant computer system may just automate the existing problems or make them occur faster, or it may bring additional problems of its own!
Any unspecified types of loss will then fall to be determined by the court according to normal legal principles. ENFORCEABILITY OF EXCLUSION CLAUSES The contra proferentem rule An exclusion clause will only operate to limit a party’s liability if it covers the breach that has occurred. The rules of interpretation are complicated but in general the more serious the breach of contract, the more clearly-worded the clause must be if it is to exclude liability for that breach: it is interpreted against the person who seeks to rely on it.
Viii) Make sure that you can get access to the source code of the software programs supplied if the supplier either goes into liquidation or stops supporting the software. Ideally, this source code should be deposited with an independent third party (see Chapter 7) and kept updated by the supplier as each new version comes out. ix) Finally, never forget that the contract is a delivery mechanism for ensuring that a project is completed in the right way at the right time by the right person and for the right price.