From our private database of 26,900+ case briefs...
Simulados Software, Ltd. v. Photon Infotech Private, Ltd.
United States District Court for the Northern District of California
40 F. Supp. 3d 1191 (2014)
In 2009, Simulados Software, Ltd. (Simulados) (plaintiff) hired Photon Infotech Private, Ltd. (Photon) (defendant) to adapt Simulados’s test-simulation software for use with Apple Macintosh (Mac) computers. Under the contract with Simulados, Photon agreed to perform a range of tasks, including writing code, reviewing code, and providing technical support. The contract also required Photon to create a web application and a website-authentication certification for downloads. Three months after beginning the project, Photon presented Simulados with a trial web application. Simulados identified serious problems with the application and gave Photon several months to correct the problems. Photon failed to complete the project. Simulados sued Photon for breach of contract, fraud, and deceptive trade practices. Some of Simulados’s causes of action arose out of violations of the Uniform Commercial Code (UCC). Photon filed a motion to dismiss the UCC causes of action, arguing that the UCC did not apply to the parties’ agreement because Photon was providing services rather than goods.
Rule of Law
Holding and Reasoning (Davila, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.