ABSTRACT

Computing has presented far fewer problems for the law of contract than it has in other areas of the law such as intellectual property, discussed in Chapter 6, and in the criminal law, which forms the subject m atter of Chapter 11. There are a number of reasons for this. Contracts set out the agreement between the parties: they set out the aims of the parties; provide for matters arising while the contract is running, ways of terminating the contract and the consequences of termination. Where there are gaps in the agreement because the parties have failed to contemplate a particular issue, it is a function of contract law to fill them, for example by implying terms; also contract law provides rules for the termination of the contract if performance becomes impossible; and sometimes, although fairly rarely, it sets aside con­ tracts which are too harsh or unconscionable.