Liability for defective off-the-shelf software

Abstract

Information technology is increasingly pervading all facets of society, dramatically changing the manner in which it conducts its affairs. Whilst this provides an impetus for growth in the software market, it increases the potential for damage or loss to be suffered by the use thereof. This thesis proposes to discuss the liability of manufacturers and retailers of defective, offthe-shelf software, and the concomitant contractual and tortious remedies available under English and Maltese law, to a person injured thereby. It highlights the difficulties in applying the obtaining legal rules to this new technology, concluding that greater certainty, in the form of legislative enactment, or judicial pronouncements, is long overdue.