BRITVIC SOFT DRINKS LTD AND OTHERS v. MESSER U.K. LTD AND ANOTHER [2002] EWCA Civ 548

[2002] 2 Lloyd's Rep. 368

COURT OF APPEAL

Before Lord Justice Thorpe, Lord Justice Mance and Mr. Justice Neuberger

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.