BALMORAL GROUP LTD v BOREALIS [UK] LTD BOREALIS AS BOREALIS A/S

[2006] 2 Lloyd's Rep. 629

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Christopher Clarke

Sale of goods - Polyethylene supplied for manufacture of tanks - Tanks made using polyethylene failed - Whether seller in breach of implied terms of suitability and fitness for purpose - Whether contracts made on seller’s or buyer’s terms - Whether exclusion clauses in sale contracts reasonable - Application of English law in absence of proof of content of foreign law - Whether contracts constituted international supply contracts - Measure of damages - Sale of Goods Act 1979, sections 14(2) and 14(3) - Unfair Contract Terms Act 1977, sections 6, 11, 26 and 27, and schedule 2.