oa Comparative and International Law Journal of Southern Africa - Contractual liability arising from the use of computer software : notes on the different positions of parties in Anglo-American law and South African law

Volume 33, Issue 3
  • ISSN : 0010-4051



In this article comment is made on aspects of contractual liability arising between producers and users of software, comparing the position in Anglo-American and South African law. The relevance of Anglo-American law stems from the fact that many software programmes currently in use in South Africa have been developed in the USA and the UK, and are consequently distributed in terms of agreements (mostly standard form contracts) containing terms relating to foreign legal systems and also stipulating such legal systems as the applicable law in case of litigation. Since almost all of these contracts contain exemption-from-liability clauses, it is to the advantage of contractants to be aware of some of the legal implications.

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