Fujitsu Services Ltd v Electronic Data Systems Ltd

Fujitsu Services Ltd v Electronic Data Systems Ltd

The agreements EDS 200 and EDS 400, by their express terms and definitions, governed the software licensing and system service charges for BCE 011, BCE 012, and DCI 165 for the relevant periods. EDS 100 did not apply after the new agreements came into effect. There was no scope for implied terms or quantum meruit claims as the contractual regime was comprehensive.

Parties
Claimant: Fujitsu Services Limited (formerly International Computers Limited); Defendant: Electronic Data Systems Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2008
Procedural Posture
Commercial Dispute / High Court Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Software Licensing, System Service Charges, Interpretation of Commercial Contracts, Quantum Meruit, Implied Terms
Contract Law Commercial Law Software Licensing System Service Charges Interpretation of Commercial Contracts Quantum Meruit Implied Terms

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Parties

Fujitsu Services Limited (formerly International Computers Limited)

Claimant

Electronic Data Systems Limited

Defendant

Procedural Posture

Commercial Dispute / High Court Judgment After Trial

Legal Issues

  1. 1 Whether the contract for supply of BCE 011 and BCE 012 incorporated the software licensing and system service provisions of EDS 100
  2. 2 Whether software licensing and system service for BCE 011, BCE 012, and DCI 165 for 2005/6 and 2006/7 were governed by EDS 100 or by EDS 200 and 400
  3. 3 Whether Fujitsu is entitled to recover on an implied term or quantum meruit basis

Ratio Decidendi

The agreements EDS 200 and EDS 400, by their express terms and definitions, governed the software licensing and system service charges for BCE 011, BCE 012, and DCI 165 for the relevant periods. EDS 100 did not apply after the new agreements came into effect. There was no scope for implied terms or quantum meruit claims as the contractual regime was comprehensive.

Court Disposition

Claim dismissed