The real question we need to raise is
Posted Aug 11, 2006 10:28 UTC (Fri) by NRArnot
In reply to: The real question we need to raise is
Parent article: A couple of lessons on the hazards of proprietary software
Don't know about the USA and I'm not a lawyer, but I doubt it's a crime. More likely it's a breach of contract and a civil court dispute.
The motorist has a contract with the parking facility, which explicitly or implicitly says he'll get his car back on demand. There's probably some degree of discaimer possible for mechanical or system failures, but again almost certainly a legal implication that such failure should be attended to with a degree of urgency.
So the motorist can sue in the civil courts for the loss of use of his car, if the court feels that some initial period of delay was reasonable then he may not get all of the costs he incurred.
As for the contract between the parking operator and the software company, I won't venture an opinion. It's possible that the operator might be able to sue the software house for the costs awarded to the motorists. It would again all depend on the contract, its implied terms, and on what is and is not reasonable in a contract.
BTW if the parking operator had gone bust, the motorists could be in for a long wait. First a liquidator would have to be appointed. Then he'd have to work out how to get the cars out. They'd remain the motorist's property, but reasonable delay about extracting them in these circumstances could be weeks. Motorists beware.
to post comments)