Multistate Bar Examination Practice Question

TechSolutions Inc. enters into a written contract with Innovatech Ltd. to develop a customized project management software. The contract specifies the delivery deadline and the total payment but does not mention any post-delivery support or maintenance services. After delivery, Innovatech experiences several software bugs and requests support from TechSolutions. TechSolutions refuses, citing the contract's lack of a support clause. Which of the following best describes Innovatech's position regarding implied terms in this contract?

  • Innovatech cannot claim additional obligations because the support services were not included in the written contract.

  • Innovatech demands support services based on the standard practices in the software development industry, even though the contract terms do not specify them.

  • Innovatech argues that there is an implied duty for TechSolutions to provide a functioning product, which includes addressing significant software bugs.

  • Innovatech is eligible for a refund because support services were not specified in the contract.

Multistate Bar Examination
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