英会話：システム開発と法律

民法改正により、システム開発における責任はどのように変化したのでしょうか？システム開発に関わる仕事をする人は勉強する必要があります。

◆英単語、表現
nonconformity : 不適合
liability : 法的責任
invoke : 〔～を〕思い起こさせる、引き起こす、かき立てる、誘い出す、呼び覚ます
malfunction : 〔機器・器官などの〕機能不良［不全］、故障、異常、誤動作、不調
obligation : 義務

A: Hi, B. I wanted to discuss the revised Civil Code enforced in April 2020 and how it affects our system development projects. Specifically, the concept of warranty liability was replaced by contract nonconformity liability.

B: Yes, I'm familiar with the change. Are you concerned about the risks involved with contract nonconformity liability?

A: Absolutely. I was hoping you could explain the differences between the two concepts and the specific risks we should be aware of when invoking contract nonconformity liability.

B: Sure, the most important difference to note is the starting point for the responsibility period. For warranty liability, the period starts upon delivery of the goods or completion of the work, while for contract nonconformity liability, it starts when the fact of contract nonconformity is known.

A: That's a significant difference. So, even if a malfunction is discovered two to three years after delivery, the vendor can still be held responsible?

B: Yes, that's correct. And compared to the warranty liability period of one year from delivery, the responsibility period for contract nonconformity liability is significantly extended, increasing the risk for the vendor.

A: I see. What about the scope of damages for compensation claims?

B: Under warranty liability, damages for compensation claims were limited to reliance interest. However, for contract nonconformity liability, the scope of damages includes both reliance interest and performance interest.

A: Thank you for explaining the differences and risks involved. What items should we include in contracts to avoid these risks?

B: We will need to include clear and specific clauses in the contract regarding the responsibility period and the scope of damages for compensation claims. It's important to ensure that both parties are aware of their obligations and liabilities.