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Fuji Seal Europe Ltd v Catalytic Combustion Corp

20 July 2005

Citation: 102 Con LR 47 TCC

Nature of case: In this case the court refused to find a collateral warranty in connection with a contract for the supply of a chemical abatement plant to control factory emissions.  

The court’s decision was based on the fact that the parties were experienced and well-advised commercial companies and it was inappropriate for the court to supplement the contractual arrangements they had chosen to make.  

However, there was a breach of duty of care in the advice given. 

See other reports: [2005] Vol.22 No 10 p.10 TCC

Link to full judgement. 

Counsel

Richard Harding KC
Richard Harding KC