By Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors
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Additional resources for A Manager's Guide to IT Law
Client obligations The successful implementation of a complex IT system imposes responsibilities not just on the supplier, but also on the client. Although primary responsibility for providing a system rests with the supplier, the client may well have obligations in relation to providing information about his business, testing the software, providing employees to be trained and so on. These obligations need to be spelled out in the contract every bit as clearly as the supplier’s commitments. Change control Client requirements may change frequently over the lifetime of a project.
The main terms that can be implied into a contract as a matter of law are summarized in the box. TERMS IMPLIED BY LAW Certain terms may be implied into a contract as a matter of law: this means that the contract will include these provisions automatically, unless the parties expressly agree to exclude them. The main implied terms are summarized below. 12(1)). If the seller fails to transfer ownership (for example, because the goods are subject to the rights of some third party, such as a bank), then he will be in breach of this term and the buyer may reject the goods and recover the price, plus damages.
A good set of requirements forms the foundation of successful acceptance testing, which has massive significance (see Chapter 2). This should serve to emphasize the importance of thinking through, and documenting, the system requirements. A survey (Bishop Fleming 2002) questioned 1500 businesses in South West England with a turnover greater than £2 million. More than half of the companies had experienced problems with a new system soon after installation. 40% of respondents concluded that the single thing they would do differently would be to ‘take more time to specify our requirements’.
A Manager's Guide to IT Law by Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors