問32
頻出度★★☆
ソフトウェアの開発において基本設計からシステムテストまでを一括で委託するとき, 請負契約の締結に関する留意事項のうち, 適切なものはどれか。
平成31年度 春期 ITパスポート試験 問32
ストラテジ系法務 › 労働関連・取引関連法規
This question's explanation and your answers so far.
解説
問 32
Incorrectア
In principle, a contract for work should be concluded before the work is started. Concluding the contract only after the detailed design is completed would mean that there is no contract to serve as the basis for the work done up to that point, which is inappropriate. Increases in person-hours due to specification changes should be handled through change-management provisions, and are not a reason to postpone concluding the contract.
Incorrectイ
The attribution of the copyright is reversed. Unless otherwise specified, the copyright of the developed program in principle belongs to the contractor who created it. It is precisely when you want the copyright to belong to the client that you need to agree on this in the contract. The statement that it automatically belongs to the client is incorrect.
- ウ
正解 A contract for work is a contract whose purpose is “completion of the work,” and while the contractor bears the responsibility of completing the deliverable, the method of performance is in principle left to the contractor's discretion, and subcontracting part of the work to a third party is also in principle free. Therefore, if the client wants to restrict subcontracting, it must state clearly in advance in the contract whether subcontracting is allowed and under what conditions. Choice “ウ,” which states this idea, is appropriate.
Incorrectエ
In a contract for work, the consideration (the outsourcing fee) is in principle fixed at the time the contract is concluded. Not setting the amount in the contract and instead leaving it to consultation when development is completed goes against the purpose of a contract for work, under which payment is made for the completion of the work, and is inappropriate. Even if there are factors that vary with the development scale, the amount must be agreed upon in the contract based on an estimate.
ここがポイント
- A contract for work aims at “completion of the work,” and subcontracting is in principle free — if you want to restrict it, state the conditions clearly in the contract.
- Program copyright, unless otherwise specified, belongs to the creator (the contractor). To transfer it to the client, it must be provided for in the contract.
用語