Softlanding Systems, Inc v KDP Software Ltd & Anor

Softlanding Systems, Inc v KDP Software Ltd & Anor

SLS was in breach of a material obligation by failing to provide complete and accurate reports as required under clause 3.2, KDP was entitled to terminate the agreements after proper notice, and there was no evidence of a fixed fee agreement between SLS and KDP.

Parties
Claimant/appellant: SoftLanding Systems, Inc; Defendant/respondent: KDP Software Limited; Third Party/appellant: Unicom Systems, Inc
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Termination of Contract, Software Licensing, Assignment of Contract, Damages
Contract Law Commercial Law Intellectual Property Breach of Contract Termination of Contract Software Licensing Assignment of Contract Damages

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Parties

SoftLanding Systems, Inc

Claimant/appellant

KDP Software Limited

Defendant/respondent

Unicom Systems, Inc

Third Party/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether KDP was entitled to terminate the agreements due to breach of a material obligation by SLS
  2. 2 Whether there was a fixed fee agreement between SLS and KDP

Ratio Decidendi

SLS was in breach of a material obligation by failing to provide complete and accurate reports as required under clause 3.2, KDP was entitled to terminate the agreements after proper notice, and there was no evidence of a fixed fee agreement between SLS and KDP.

Court Disposition

Appeal dismissed