Software and the law
Software and the law

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Software and the law

6.5 Limiting liability

Even though there are doubts about the applicability to software of negligence laws, suppliers do often attempt to limit their liability through clauses in their contracts of supply. These clauses may themselves be unlawful and thus void, but it would be unwise to rely on this when accepting such exclusion clauses. Case Study 6 presents an example of how a company might limit its liability through the use of an exclusion clause.

Case study 6: Example of a liability exclusion clause from a website

Terms, conditions, and notices

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Important: these terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law (including your statutory rights under any applicable national or local legislation implementing the EC package travel directive (90/314/eec) as amended from time to time). Should you decide to purchase any travel packages on this website, separate holiday terms and conditions will also apply.

Expedia, Inc. (2014)

These types of statement are periodically revised by organisations.

Software and the digital content it stores can cause harm – harm for which anyone in the supply chain could be held liable.

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