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