chapter  13
15 Pages

UNDERTAKINGS AS TO QUANTITY AND QUALITY

A Ltd, a chemical producer, had two different plants (A & B) on the same site. A Ltd placed two orders with different suppliers as follows: (i) with Berk for 23 tons of sodium chlorate for delivery to their plant A; and (ii) with X for 23 tons of EPI for delivery to their plant B. Both sellers engaged the same delivery agent, who mixed up the two orders. As a result, 23 tons of sodium chlorate was delivered by tanker to plant B, together with a delivery order saying it was EPI from X. The tanker discharged into existing stocks of EPI, causing an explosion.