Yes, This Is A Puff Piece? A Comparative Analysis of the Vendor Defences of Puffery, Statements of Future Intent and Disclaimers — How far does the divergence between promised and actual capabilities of an ERP implementation stretch until the ERP vendor is liable … and then stretch further until the ERP vendor is no longer liable?
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John Beardwood
Abstract
In past articles we have reviewed critical lessons learned from various failed ERP implementations and outsourcing transactions. One of the common themes is the divergence between the representations made by technology vendor sales teams as to promised skills, expertise and delivery, and the actually provided skills, expertise and delivery. In turn, the analysis of the resulting lawsuits has emerged, in response to customer allegations of negligent misrepresentation and fraudulent misrepresentation, the vendor defences of puffery and opinion, statements of future intent, and contractual disclaimer. The article begins in this Part 1 by providing an overview of the law of misrepresentation, and then the common vendor defences of puffery and opinion, statements of future intent, and contractual disclaimers, in Canada (I) and in the United States (II). Part 2 will then complete the overview with a look at the European Union (III) and an assessment how these defences were raised by vendors in two recent ERP failure lawsuits (IV), before concluding with lessons learned for vendors and customers (V).
© 2024 by Verlag Dr. Otto Schmidt KG, Gustav-Heinemann-Ufer 58, 50968 Köln.
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- Yes, This Is A Puff Piece? A Comparative Analysis of the Vendor Defences of Puffery, Statements of Future Intent and Disclaimers — How far does the divergence between promised and actual capabilities of an ERP implementation stretch until the ERP vendor is liable … and then stretch further until the ERP vendor is no longer liable?
- Case Law
- USA: Two-Prong-Test Determining Public Officials’ Social Media Use as State Action
- USA: No Time Limit for Monetary Relief for Copyright Infringement
- EU: Applicability of Principle ne bis in idem to Severe Administrative Penalties with Punitive Purpose
- Imprint
Artikel in diesem Heft
- Title
- Table of Contents
- Articles
- Better cybersecurity due to increased regulation? The final European Cyber Resilience Act — The first comprehensive, horizontally applicable approach for more cybersecurity in digital products
- The AI Act – The Epitome of Outdated Tech Governance — Exploring the Need for Innovative Regulation and Pathways to Modern Tech Governance
- China Releases New Regulation on Cross-border Data Transfers
- Yes, This Is A Puff Piece? A Comparative Analysis of the Vendor Defences of Puffery, Statements of Future Intent and Disclaimers — How far does the divergence between promised and actual capabilities of an ERP implementation stretch until the ERP vendor is liable … and then stretch further until the ERP vendor is no longer liable?
- Case Law
- USA: Two-Prong-Test Determining Public Officials’ Social Media Use as State Action
- USA: No Time Limit for Monetary Relief for Copyright Infringement
- EU: Applicability of Principle ne bis in idem to Severe Administrative Penalties with Punitive Purpose
- Imprint
