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Computer Law

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Golden Gate University School of Law

2010

Software

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Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz Sep 2010

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 …