BALMORAL GROUP LTD v BOREALIS [UK] LTD BOREALIS AS BOREALIS A/S
[2006] Lloyd's Rep Plus 93
QUEEN’S BENCH DIVISION(COMMERCIAL COURT)
Before Mr Justice Christopher Clarke
Sale of goods – Polyethylene supplied for manufacture
of tanks – Tanks made using polyethylene failed – Whether seller in breach of
implied terms of suitability and fitness for purpose – Whether contracts made
on seller’s or buyer’s terms – Whether exclusion clauses in sale contracts
reasonable – Application of English law in absence of proof of content of
foreign law – Whether contracts constituted international supply contracts –
Measure of damages – Sale of Goods Act 1979, sections 14(2) and 14(3) – Unfair
Contract Terms Act 1977, sections 6, 11, 26 and 27, and schedule 2.