Key issues in IT disputes

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Key issues in IT disputes
  • Why do disputes arise?
  • A framework for analysing disputes
  • Is there a contract?
  • ITT
  • Tender
  • Estimates
  • Letter of intent
  • Negotiations—subject to contract
  • Implied terms
  • More...

Key issues in IT disputes

This Practice Note considers key issues in IT disputes (ie legal disputes which have an IT element), focusing particularly on issues that commonly arise in relation to IT contracts and arrangements such as software licensing, outsourcing and systems integration. It looks at the ways that disputes can arise, sets out practical steps for analysing a potential claim and considers appropriate remedies, alternative dispute resolution (ADR) and settlement.

The type of legal issue in an IT dispute varies, with some disputes focusing on IP infringement or negligence, for example. However, the vast majority of IT disputes will have contractual issues at their heart—and this is the focus of this Practice Note.

For guidance on other areas which may be relevant to IT disputes, see:

  1. Contractual breach damages and remedies—overview

  2. Tort, negligence and nuisance claims—overview

  3. General IP disputes—overview

  4. Data protection regime—overview

This Practice Note covers:

  1. why disputes arise

  2. how to analyse disputes

  3. whether there is a contract

  4. implied terms of the contract

  5. defendants and remedies

  6. the status of the contract

  7. exclusions and restrictions

  8. other restrictions

  9. alternative dispute resolution

Why do disputes arise?

IT disputes often arise in the context of a customer who seeks an IT solution for its business and contracts with a supplier to provide that solution. This might include: the installation of, and supply of training to use, a new account management system; the

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