The following TMT Q&A provides comprehensive and up to date legal information covering:
Software can be broadly defined as a computer program comprising a series of instructions which, in combination with the underlying hardware and inputs from an end user, allow or cause a computer to perform a specific operation. Custom software (also referred to as ‘tailormade’ or ‘bespoke’ software) is software that has been specifically developed to meet the needs and requirements of an individual customer. There remains some uncertainty in business-to-business contracts as to whether software constitutes goods or services for the purposes of a number of pieces of legislation including the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and others.
The categorisation is relevant for a number of reasons
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When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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