E-MailA Customer's Approach to Software Development Contracting
Most lawyers will agree that a business contract should be written with at least the possibility of failure in mind. That is, the lawyer and his or her client must not only address substantive business issues, but also what will happen if a deal gets in trouble or fails. There is give and take in a "normal" business deal. One side may try to outwit the other as the parties strive for optimum pricing and other terms; or the product or service may be so commoditized that the customer knows, even without much bargaining, that it will pretty much get what it wants. Both sides in the everyday business setting know at least something about the subject matter of the deal and often quite a bit, or it may not make much difference. The normal business interaction contains some practical balance. This balance typically results in both sides having a good sense of what can go wrong, what the result will be if something bad happens, and who should be held responsible [1].
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