Trac Time Control Ltd v Moss Plastic Parts Ltd (t/a "Rowan Plastic Parts Centre") & Ors

Trac Time Control Ltd v Moss Plastic Parts Ltd (t/a "Rowan Plastic Parts Centre") & Ors

Rowan was in breach of contract for supplying housings made from polycarbonate that did not conform to the agreed specification (Sylex 2000 or equivalent), and the material supplied by Anglo was not of satisfactory quality or fit for purpose. The dominant and effective cause of Trac’s losses was the poor quality polycarbonate. There was no break in the chain of causation by reason of Trac’s failure to test, nor did design or processing deficiencies or regulatory breaches/illegality bar recovery. Anglo was also in breach of contract to Rowan. BIP/Regent was not liable to Anglo as it did not contract to supply to the Sylex specification.

Parties
Claimant: Trac Time Control Limited; Defendants: Moss Plastic Parts Limited (Trading as Rowan Plastic Parts Centre) Rowan Plastic Mouldings Limited; Part 20 Defendant/claimant: Anglo Polymers Limited; Part 20 Defendant/claimant: Chem Polymers Limited
Jurisdiction
England and Wales
Judgment Date
30 September 2004
Procedural Posture
Commercial/contract (sale of Goods) / Judgment After Full Trial
Outcome
Judgment for Trac against Rowan and for Rowan against Anglo; BIP/Regent not liable to Anglo.
Legal Topics
Breach of Contract, Implied Terms, Fitness for Purpose, Satisfactory Quality, Causation, Mitigation of Loss, Illegality Defence, Damages Assessment
Contract Law Commercial Law Sale of Goods Breach of Contract Implied Terms Fitness for Purpose Satisfactory Quality Causation +3 more

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Parties

Trac Time Control Limited

Claimant

Moss Plastic Parts Limited (Trading as Rowan Plastic Parts Centre) Rowan Plastic Mouldings Limited

Defendants

Anglo Polymers Limited

Part 20 Defendant/claimant

Chem Polymers Limited

Part 20 Defendant/claimant

Procedural Posture

Commercial/contract (sale of Goods) / Judgment After Full Trial

Legal Issues

  1. 1 Whether Rowan breached contract by supplying housings not conforming to specification
  2. 2 Whether Anglo breached contract by supplying polycarbonate not fit for purpose
  3. 3 Whether Trac's failure to test broke the chain of causation

Ratio Decidendi

Rowan was in breach of contract for supplying housings made from polycarbonate that did not conform to the agreed specification (Sylex 2000 or equivalent), and the material supplied by Anglo was not of satisfactory quality or fit for purpose. The dominant and effective cause of Trac’s losses was the poor quality polycarbonate. There was no break in the chain of causation by reason of Trac’s failure to test, nor did design or processing deficiencies or regulatory breaches/illegality bar recovery. Anglo was also in breach of contract to Rowan. BIP/Regent was not liable to Anglo as it did not contract to supply to the Sylex specification.

Court Disposition

Judgment for Trac against Rowan and for Rowan against Anglo; BIP/Regent not liable to Anglo.

Orders

  • Rowan to pay Trac damages for breach of contract (quantum to be calculated as per judgment).
  • Anglo to indemnify Rowan for damages paid to Trac (subject to deduction for 10% processing failures).