Legal Question in Business Law in California

Re: Non-installation of purchased software

Analytically, what you describe is an instance of breach of contract. The remedy is money damages, and if limited to the price of the software, probably not worth a suit, although that depends on what you paid, of course.

Sometimes one can also obtain so-called 'consequential damages' for breach of contract. That is, because the vendor failed to provide the contracted-for item, you suffered additional losses in direct consequence of that failure. The rule for recovery of consequential damages is that the harm must have been reasonably foreseeable (by the party causing the injury) to flow as a probable result of the breach.

In the situation you describe, I can't predict what a court would hold, but my guess is that your lost profits, etc. are not sufficiently foreseeable unless you discussed the use you were to make of the software and other aspects of your business with the vendor prior to purchase, and with that knowledge, the vendor did not make any disclaimer.

Re: Non-installation of purchased software

Your recourse, simply put, is a lawsuit. You may be able to file where you live/work or where the company is or both.

You might try, first, contacting the site where you found the seller, if applicable. They can sometimes hold sway. Otherwise, communicate with the Owner, followed by a letter, either by yourself or an attorney.

Joel Selik

800-894-2889