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It's Just Another Little Bit Of History Repeating: Ucita In The Evolving Age Of Information, Thomas J. Murphy
It's Just Another Little Bit Of History Repeating: Ucita In The Evolving Age Of Information, Thomas J. Murphy
Golden Gate University Law Review
This article will address the procedural and substantive reasons why UCITA is, in fact, overly ambitious. With regard to procedure, Part II.A of this comment will outline the historical naissance and development of the highly successful Uniform Commercial Code and contrast that with the development of UCITA. With regard to substance, Part II.B will address what many practitioners have cited as key objections to UCITA. Further, Part II.B discusses examples of terms used in UCITA and compares them to those of common, established practice. Differentiating UCITA from the UCC in these ways will illustrate how UCITA misses the mark it …
Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz
Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz
Golden Gate University Law Review
Existing computer contracting procedures often lead to improperly drafted agreements in light of existing contractual remedies. Computer systems may prove unreliable if suppliers develop them based upon improperly drafted agreements. Because courts are reluctant to go beyond the remedies specified in a freely entered contract, the dissatisfied customers often do not have adequate recourse under their agreements. In order to avoid such a result, the parties to each business arrangement need to clearly understand their rights and duties arising from the transaction, and those rights and duties must be incorporated into the written agreement. This comment will attempt to demonstrate …