Title

Applying Tort Theory To Information Technology

Abstract

In this article, I discuss the issue of whether torts attributable to Information Systems products, both hardware and software, should be subject to litigation as a contract action, a tort action, or both. I further suggest a protocol for attorneys and courts to consider when attempting to discern whether a particular cause of action is appropriate. Last, I briefly discuss whether the advent of certification programs for computer professionals should result in the courts reconsideration of the concept of computer malpractice.

Disciplines

Computer Law | Contracts | Cyberspace Law | Injury and Tort Law | Products Liability

Date of this Version

July 2006