COLLATERAL WARRANTIES AND CLAIMS IN TORT

Fuji Seal Europe Ltd v Catalytic Combustion Corporation [2005] EWHC 1659 (TCC)

In Fuji Seal Europe Ltd v Catalytic Combustion Corporation [2005] EWHC 1659 (TCC) Mr Justice Jackson refused to find a collateral warranty in a case where experienced commercial parties had the opportunity to create a direct contractual relationship between the claimant and the defendant but failed to do so. In his view it was inappropriate for the court to supplement the contractual arrangements which experienced and well-advised commercial parties had chosen to make. But the lack of a collateral warranty was, in many ways, made good by his finding that the defendants owed a duty of care to the claimants and that they had breached that duty.