BRITVIC SOFT DRINKS LTD AND OTHERS v. MESSER U.K. LTD. AND ANOTHER

[2002] 1 Lloyd's Rep. 20

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Tomlinson

Contract - Breach of contract - Damages - Alcoholic beverages and soft drinks contaminated by benzene - Benzene in CO2 used to carbonate drinks - Claimants alleged breach of contract in supplying for food application CO2 inadvertently contaminated by benzene - Whether defendants supplied CO2 not in conformity with agreed specification - Whether defendants in breach of statutory implied term as to satisfactory quality and fitness for purpose - Whether claimants entitled to damages for general loss and loss of profits - Whether defendants could rely on exclusion or limitation clauses.