WA Preparing for defence of a small case claim, how to establish defence related to software?

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7 July 2017
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Background -

I am a student and amateur software developer, A client (other student) asked me to build them some software, I did so using their IP, I sold it to them. IP vested in the Customer according to the contract. Client was unsatisfied with the software and performance, seeking damages for software as well as reparation to software.

Hi LawAnswers,

This was my first business deal, I was very excited about making the software and selling it to the client according to their specifications.

  1. A contract was written up after the software had been developed and I did not pass this to my legal counsel until after I had signed it (first mistake).
  2. The breach of contract that the client is claiming is relating to specific performance. The specifications are vague and I believe I have met them appropriately, the client does not.
  3. The client offered to settle, I obliged and met their offer although I wished to terminate the contract due to the amount of liability. The client has since cancelled their offer to settle.
  4. I am expecting they will send a letter of demand shortly and my legal counsel cannot support me with regards to litigation.

I am wondering if there are any kinds of lawyers that can prepare you for this kind of defence as it will likely be a small claim and apparently in the Magistrate's court, this has to be self-represented.

I am also wondering as to how the court might respond to the specifics of software, since they require a vast amount of technical information to understand.

Any help would be greatly appreciated.

Kind Regards
 
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