The Warranty of Merchantability and Computer Software Contracts: A Square Peg Won't Fit in a Round Hole

Authors

Edward G. Durney

Abstract

Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.

First Page

511

Recommended Citation

Edward G. Durney, Comment, The Warranty of Merchantability and Computer Software Contracts: A Square Peg Won't Fit in a Round Hole, 59 Wash. L. Rev. 511 (1984).
Available at: https://digitalcommons.law.uw.edu/wlr/vol59/iss3/4