The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard.
Held: The use of the British Standard of itself was not sufficient to imply any warranty of satisfactory quality or fitness for purpose upon which a purchaser could rely. Nevertheless, the manufacturer could not rely upon a term excluding liability for breach of warranty under the 1979 Act since this term was unreasonable under the 1977 Act.
Tomlinson J
Times 22-May-2002, [2002] EWCA Civ 548, [2002] 2 All ER (Comm) 335, [2002] 2 Lloyd’s Rep 379
Bailii, Bailii
Sale of Goods Act 1979 14, Unfair Contract Terms Act 1977 3
England and Wales
Citing:
Appeal from – Britvic Soft Drinks Ltd v Messer UK Ltd ChD 2002
Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, . .
Cited by:
Appealed to – Britvic Soft Drinks Ltd v Messer UK Ltd ChD 2002
Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, . .
Lists of cited by and citing cases may be incomplete.
Contract, Commercial
Updated: 05 January 2022; Ref: scu.171228
