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Messr UK Ltd v Britvic Soft Drinks Ltd
''Britvic Soft Drinks Ltd v Messer UK Ltd'' () (EWCA Civ 548 ) is a notable English contract law case, concerning the application of the Unfair Contract Terms Act 1977 in the context of consumer protection and a supply chain.〔 〕
==Facts==
Messer UK Ltd supplied Britvic with carbon dioxide for its drinks. It was contaminated with benzene, a carcinogen. Britvic had to recall its products and it sued Messer to recover its costs, arguing that it was in breach of contract. A term in the contract limited liability of Messer under s 14 of the Sale of Goods Act 1979 (which by virtue of UCTA 1977 can only be limited as it satisfies the requirement of reasonableness).
The judge found that the only relevant express term in the supply agreement was that the carbon dioxide would conform with British Standard 4105. But the implied term under Sale of Goods Act 1979 s 14 also applied. Breach of both terms allowed the recovery of damages. Messer appealed, arguing that BS 4105 could not be regarded as containing an express term that gave rise to damages and that the term limiting s 14 did in fact satisfy the reasonableness test.
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