Computers have become indispensable in all walks of life, causing people to rely
increasingly on their accurate performance. Defective computer programs, the
incorrect use of computer programs and the non-use of computer programs can
cause serious damage. Expert systems are an application of artificial intelligence
techniques whereby the human reasoning process is simulated in a computer system,
enabling the system to act as a human expert when executing a task. Expert
systems are used by professional users as an aid in reaching a decision and by nonprofessional
users to solve a problem or to decide upon a specific course of action.
As such they can be compared to a consumer product through which professional
services are sold. The various parties that may possibly be held liable in the event
of damage suffered by the use of expert systems are identified as consisting of two
main groups, namely the producers and the users. Because of the frequent
exemption of liability for any consequential loss in standard form computer contracts,
the injured user may often have only a delictual action at her disposal. The faultbased
delictual actions in SA law give inadequate protection to unsuspecting software
users who incur ·personal and property damage through the use of defective expert
systems since it is almost impossible for an unsophisticated injured party to prove the
negligence of the software developer during the technical production process. For
this reason it is recommended that software liability be grounded on strict liability in
analogy to the European Directive on Liability for Defective Products. It is also
pointed out that software standards and quality assurance procedures have a major
role to play in the determination of the elements of wrongfulness and negligence in
software liability and that the software industry should be accorded professional
status to ensure a safe standard of computer programming. / Private Law / LL.D.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/17523 |
| Date | 08 1900 |
| Creators | Alheit, Karin |
| Contributors | Van der Merwe, D. P. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 1 online resource (xiv, 641 leaves) |
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