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Liability for Defective Software in South Africa

"There is no such thing as error-free code." This is neither the favoured mantra of a software development guru, nor the refrain of the chairman of a multinational software company, but the consensus of those at the coalface of software development the world over. [...] This paradigm raises interest...

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Main Author: Marshall, Andrew
Format: Thesis
Language:English
Published: Department of Commercial Law 2014
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access_status_str Open Access
author Marshall, Andrew
author_browse Marshall, Andrew
author_facet Marshall, Andrew
author_sort Marshall, Andrew
collection Thesis
description "There is no such thing as error-free code." This is neither the favoured mantra of a software development guru, nor the refrain of the chairman of a multinational software company, but the consensus of those at the coalface of software development the world over. [...] This paradigm raises interesting questions for the lawyer. There is no other discipline that operates on this basis. [...] It is only the software developer who, because of the complexity of software code, as well as the unpredictable environment in which his software will be executed, admits that the chance of his creation not performing as intended under all circumstances is so high that he must assume there are faults in it. [...] The distinction in computer operations between hardware and software is well understood, and while I will be examining the liability for defective software, the reader would do well to bear in mind that software is often inextricably bound to the hardware that it serves.
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id oai:open.uct.ac.za:11427/4663
institution University of Cape Town (South Africa)
language English
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2014
publishDateRange 2014
publishDateSort 2014
publisher Department of Commercial Law
publisherStr Department of Commercial Law
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/4663 Liability for Defective Software in South Africa Marshall, Andrew "There is no such thing as error-free code." This is neither the favoured mantra of a software development guru, nor the refrain of the chairman of a multinational software company, but the consensus of those at the coalface of software development the world over. [...] This paradigm raises interesting questions for the lawyer. There is no other discipline that operates on this basis. [...] It is only the software developer who, because of the complexity of software code, as well as the unpredictable environment in which his software will be executed, admits that the chance of his creation not performing as intended under all circumstances is so high that he must assume there are faults in it. [...] The distinction in computer operations between hardware and software is well understood, and while I will be examining the liability for defective software, the reader would do well to bear in mind that software is often inextricably bound to the hardware that it serves. 2014-07-30T18:15:14Z 2014-07-30T18:15:14Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4663 en application/pdf Department of Commercial Law Faculty of Law University of Cape Town
spellingShingle Marshall, Andrew
Liability for Defective Software in South Africa
thesis_degree_str Master's
title Liability for Defective Software in South Africa
title_full Liability for Defective Software in South Africa
title_fullStr Liability for Defective Software in South Africa
title_full_unstemmed Liability for Defective Software in South Africa
title_short Liability for Defective Software in South Africa
title_sort liability for defective software in south africa
url http://hdl.handle.net/11427/4663
work_keys_str_mv AT marshallandrew liabilityfordefectivesoftwareinsouthafrica