Computer Contracts: Capturing Requirements and Apportioning Responsibilities
The development, delivery and installation of a computer system specifically created to meet the customer's requirements, can be a complex task to achieve. This paper presents the view that responsibility for identifying the customer's information technology requirements is a responsibility that should be shared between the customer and the supplier. With this in mind, established legal principles relating to pre-contractual information are examined and the courts' treatment of such information arising within an IT context is analysed. The theoretical evaluation is supported by a consideration of practical issues such as approaches to system development and current IT industry practices. Throughout the paper, the importance of accurately identifying the customer's requirements is highlighted and attention is drawn to how this process is fundamental towards securing a match between the respective expectations of the parties.