| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 378 (Jul) |
| Neutral Citation: | [2006] EWHC 1900 (Comm) |
| Court: | Queen's Bench Division (Commercial Court) |
| Judge: | Christopher Clarke J |
| Representation | Richard Mawrey QC and Ross Fentem (instructed by Moon Beever) for the claimant |
| David Allen and Charles Holroyd (instructed by Kennedys) for the defendant. | |
| Judgment Dates: | 25 July 2006 |
Catchwords
Sale of goods - Implied condition as to fitness - Borecene supplied for rotational moulding of oil storage tanks - High percentage of tanks failing - Whether goods fit for purpose - Whether claimant's or defendants' standard terms applying - Unfair Contracts Act 1977.
The Case
A claim arising out of allegedly defective borecene, a polymer used in the manufacture of oil storage tanks, was dismissed on the facts; the goods were not unfit for purpose and the failure of the tanks was due to the claimant's deficiencies.
Practice Areas
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