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Commercial reporter

Richard Lawson reports on recent cases involving reasonable exclusion clauses, negligence and pure economic loss and unjust enrichment

21 June 2002

Obligations when supplying food ingredients: reasonable exclusion clauses Messer UK Ltd v Britvic Soft Drinks Ltd [2002] EWCA Civ 548 Carbon dioxide, used in the production of bottled drinks, had been supplied by its manufacturers containing benzene. Before this was discovered, the carbon dioxide had been supplied to Messer who had in turn supplied it to a number of parties, including Britvic. No risk to public health was caused, but considerable publicity was given to the discovery of the benzene, and drinks not already sold were withdrawn. The present dispute was for the recovery of the loss thus incurred. BS 4105 The relevant contracts between Messer and the various end users contained an express declaration that the product supplied complied with BS 4105. This British Standard specified two types of carbon dioxide for industrial use, one of which (Type 2) was stated to be “suitable for industrial food application”. In the...

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