Sale of Goods—Reliance on a Third Party’s Skill and Judgment

Extract

In Britvic Soft Drinks Ltd. v. Messer UK Ltd. [2002] EWCA Civ 548, [2002] 2 Lloyd's Rep. 368, affirming Tomlinson J. [2002] Lloyd's Rep. 20, carbon dioxide produced by Terra Nitrogen (UK) Ltd. was sold to Messer and resold to Britvic, who used it in the manufacture of sparkling drinks. The carbon dioxide was contaminated by benzene, but in such small quantities as to pose no danger to health. Even so, because of adverse publicity the drinks as a practical matter were unsaleable. Damages were awarded to Britvic against Messer under the Sale of Goods Act 1979, s. 14(3) as being unfit for the buyer's particular purpose. The case raises a couple of points of interest.