Answered step by step
Verified Expert Solution
Question
1 Approved Answer
BCT Software Solutions Ltd, a software development company submitted quotations to Arnold Laver & Co Ltd concerning a contract to purchase software. The quotations made
BCT Software Solutions Ltd, a software development company submitted quotations to Arnold Laver & Co Ltd concerning a contract to purchase software. The quotations made reference to the developers new and revised standard terms and conditions which were inconsistent with the terms expressly agreed by the parties. The terms expressly agreed treated the grant of the software licence and ongoing maintenance as two separate issues and failure to continue to take and pay for support would not bring the licence to an end. The new standard terms and conditions made the licence to use the software conditional upon the client continuing to pay for support services. The software developer went into receivership and the claimant acquired the intellectual property rights of the software developer and the client informed the claimant it no longer wanted support. The claimant sought damages for the continued use of the software by the client. Discuss the likely position of the court in this case with reference to inconsistent terms of a contract. [20 marks]
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started