Chapter 7 Software Development (Midterm)
Chapter 7 Software Development (Midterm)
Technology
Prepared by:
• Product liability
– Liability of manufacturers, sellers, lessors, and
others for injuries caused by defective products
– There is no federal product liability law
• Mainly state law
• Article 2 of the Uniform Commercial Code
• Strict liability
– Defendant held responsible for the injury
– Regardless of negligence or intent
• Strict liability
– Plaintiff (claimant) must prove only that the software
product is defective or unreasonably dangerous and
that the defect caused the injury
– No requirement to prove that the manufacturer was
careless or negligent or to prove who caused the
defect
– All parties in the chain of distribution are liable
• Manufacturer
• Subcontractors
• Distributors
Ethics in Information Technology, Fourth Edition 17
Software Product Liability (cont’d.)
• Negligence
– Area of great risk for software manufacturers
– Defense of negligence may include:
• Legal justification for the alleged misconduct
• Demonstration that the plaintiffs’ own actions
contributed to injuries (contributory negligence)
• Warranty
– Assures buyers or lessees that a product meets
certain standards of quality
– May be expressly stated or implied by law
• Breach of warranty claim
– When the product fails to meet the terms of its
warranty
– Plaintiff must have a valid contract that the supplier
did not fulfill
– Can be extremely difficult to prove because the
software supplier writes the warranty to limit liability
Ethics in Information Technology, Fourth Edition 20
Software Product Liability (cont’d.)
• Intentional misrepresentation
– Seller or lessor either misrepresents the quality of a
product or conceals a defect in it
– Forms of representation
• Advertising
• Salespersons’ comments
• Invoices
• Shipping labels
Source: https://www.techinasia.com/talk/discuss-greatest-challenge-software-developer
Source: https://owlcation.com/academia/common-problems-for-college-students 52