ABSTRACT
As software takes on an increasingly dominant role within the business community and society in general, the implications of poor software design ought to be considered within the wider legal framework. Therefore where software gives rise to harm or financial loss when it has been negligently constructed, those who developed it should be held accountable. Equally, where a contractual agreement has been entered into for the design, development and implementation of a software system, accountability for its failure, should it occur, must also be considered. Finally, there ought to be more responsibility placed on the creators of packaged software if their software malfunctions, or turns out to have fatal flaws.
