HARBUTT'S PLASTICINE LTD. v. WAYNE TANK & PUMP COMPANY LTD.

[1970] 1 Lloyd's Rep. 15

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Widgery and Lord Justice Cross

Contract-Limitation clause-Destruction by fire of mill manufacturing plasticine- Installation of plastic pipe in tank storing stearine-Electrical heating tape wrapped round pipe-Current negligently left on by contractors' employee-Fundamental breach of contract-Whether contractors could plead clause limiting liability-Measure of damages-Award of interest-Effect of payment by insurers to owners of mill. Damages-Interest-Whether sums received by injured party from his insurers to be taken into account. Damages-Measure of damages-Destruction of building-Whether plaintiff entitled to cost of replacement.