SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods.

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dc.contributor.authorBriskorn, Ninaen_ZA
dc.date.accessioned2014-07-30T18:11:25Z
dc.date.available2014-07-30T18:11:25Z
dc.date.issued2014-07-30
dc.description.abstractI will examine the treatment of software under the contract laws of the United States, Germany, and South Africa. Furthermore I will analyse the existing international uniform contract law, the Vienna Convention on the International Sale of Goods. I will illustrate how the different legal structures are leading to legal uncertainty in software transactions. Some of the issues being considered include whether software should be treated the same, regardless of the mode of delivery, whether software can fit into existing legal concepts and whether there should be a new body of contract law for software, nationally and internationally. The analysis will be restricted to software transactions for the permanent use against single payment, as it is the common mode of transaction and poses the greatest difficulties. The focus will be on standard software. This term is used to describe computer programs manufactured as copies designed for a range of application for an unlimited number of users as opposed to custom designed software that is specifically designed for the needs of the customer.en_ZA
dc.identifier.apacitationBriskorn, N. (2014). <i>SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4582en_ZA
dc.identifier.chicagocitationBriskorn, Nina. <i>"SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014. http://hdl.handle.net/11427/4582en_ZA
dc.identifier.citationBriskorn, N. 2014-07-30. SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Briskorn, Nina AB - I will examine the treatment of software under the contract laws of the United States, Germany, and South Africa. Furthermore I will analyse the existing international uniform contract law, the Vienna Convention on the International Sale of Goods. I will illustrate how the different legal structures are leading to legal uncertainty in software transactions. Some of the issues being considered include whether software should be treated the same, regardless of the mode of delivery, whether software can fit into existing legal concepts and whether there should be a new body of contract law for software, nationally and internationally. The analysis will be restricted to software transactions for the permanent use against single payment, as it is the common mode of transaction and poses the greatest difficulties. The focus will be on standard software. This term is used to describe computer programs manufactured as copies designed for a range of application for an unlimited number of users as opposed to custom designed software that is specifically designed for the needs of the customer. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods TI - SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods UR - http://hdl.handle.net/11427/4582 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4582
dc.identifier.vancouvercitationBriskorn N. SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4582en_ZA
dc.language.isoenen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleSOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods.en_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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