An example of a software defect that could have had disastrous consequences serves as an excellent example of how businesses will often try to recall goods and rectify software glitches even if the glitch occurs many years on.
The glitch in this case relates to the cruise control not disengaging in the ‘normal manner’ which could have had fatal consequences. As such, Jaguar could have the best exclusion clause in place but still have unlimited liability for death or personal injury (if by their negligence) as this cannot be limited. This could be very costly for Jaguar, but commercially, I think that there is a more pressing issue here; what would happen to the Jaguar brand if someone died or was injured as a result of the software defect?
This case demonstrates that we can exclude liability to the greatest extent possible, but the cold hard fact is, in some cases that simply won't be enough; a practical, commercial assessment needs to be reached. From a quick look at recent case law that is perhaps, what the courts are driving at - don't be too quick to lean back on your contractual rights and terminate the contract then sue for damages, look at how the situation can be resolved in a way that’s suitable for both parties.
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"Jaguar recalls cars after cruise control fault"
"Jaguar Recalls Nearly 18,000 Cars Due to Software Glitch"
Apps for cars...
ReplyDeleteRenault is to launch the R Store which will enable third party developers to upload apps for its cars.
It'll be interesting to see how far the apps will be allowed to go in terms of their interaction with the car itself - where would liability lie if something were to go wrong, it may even be contributory!
http://www.information-age.com/channels/development-and-integration/perspectives-and-trends/1681993/apps-for-cars.thtml
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