Principles of the Law of Software Contracts. Reporters: Robert A. Hillman, and Maureen A. O'Rourke. American Law Institute, 2010. 308 pp. Hardcover. Ex-library, very good. Publisher's Price USD 87. Special $25. * This project, which began in 2004, aims to draft legal principles to guide courts in deciding disputes involving transactions in software and to guide the drafting of software contracts. This volume covers standard-form agreements, warranties, and remedies, as well as definitions, scope, and general terms. It enunciates legal principles on issues posed by new technology and addresses matters that often come to state and federal judges without adequate guidance from state contract or commercial law or from federal intellectual property law. The work draws by convincing analogy on traditional legal doctrine that history has tested for efficiency and fairness. The Principles will aid lawyers, persons who are in the software business or who rely on software, and eventually common-law judges and legislators. This volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporters' Notes. The volume will be supplemented by an annual pocket part. Chapter 1. Definitions, Scope, and General Terms Topic 1. Definitions Topic 2. Scope Topic 3. General Terms Chapter 2. Formation and Enforcement Topic 1. Formation, Generally Topic 2. Standard-Form Transfers of Generally Available Software; Enforcement of the Standard Form Topic 3 .Contract Modification Chapter 3. Performance Topic 1. Indemnification and Warranties Topic 2. Parol-Evidence Rule and Interpretation Topic 3. Breach Chapter 4. Remedies Topic 1. Agreements With Respect to Remedy Topic 2. Remedies in the Absence of Agreement.
Book number 68351