SOFTWARE LIABILITY

Software Liability

Software Liability

"Malpractice is a failure to employ the higher standard of care that a member of a profession should employ" (Wahl 1994). It has not been determined whether malpractice can always be applied to computer cases. This is simply because it has not been unequivocally concluded if computer professionals are, in fact, professionals. "Certainly computer professionals posses some of the appropriate characteristics" (Johnson 1998). However, some computer professionals possess little autonomy, and there is no legally recognized professional organization (Johnson 1998). In some cases the courts have "declined to invent such a tort (i.e. wrong) on the basis that simply because an activity is more technically complex and important does not mean the greater potential liability must be attached" (Cardinali 1994). However, there are examples of cases in which a verdict was issued in favor of the plaintiff suing under "computer malpractice," when it was determined that a consulting firm did not "act reasonably in light of its superior knowledge and expertise in the area of computer systems" (Cardinali 1994). We see the beginning of a trend here: information and decisions regarding computer liability cases are confusing and often in conflict.

The third type of liability is strict liability. "Manufacturers and sellers of defective products are held strictly liable, (that is, liable without fault) in tort (that is, independent of duties imposed by contract) for physical harms to person or property caused by [a] defect" (Samuelson 1993). Strict liability is usually only applied in extreme cases, where a product defect is obvious.

Software developers nearly habitually have tests, checks, and value promise agencies in location to confirm that their goods are not defective, and present as claimed. So how does it occur that defective programs is released? There are several components that can be shown to assist to this progressively applicable problem.

Another difficulty plaguing the commerce is the need of standards. Many occupations and goods have measures affiliated with them, either lawfully enforced, or assumed. Computer software have, so far, not been subject to any enforced benchmark, only those voluntarily acknowledged by the developers. Usually those measures that are taken up are for alleviate of use or compatibility, not for value promise or reliability. Imposing measures on the commerce would undoubtedly be tough, as there are such diverse goods and services offered. Also, it may have the undesirable effect of going by car up what some address to be charges ...