Fit for Purpose in UK Law

The principles of equal treatment, non-discrimination and transparency require a contracting authority that has adopted a decision-making procedure for assessing bids to comply with it once it has begun to do so. A different way of expressing the same principle is to state that a contracting authority that has set rules for that procedure must follow them, applying those rules in the same way to the different bidders.

A quantity of polyethylene in powdered form (the charge) is placed into one of the two halves of a steel mould, which are then clamped together. The mould, which is mounted on the arm of a machine, is introduced into an oven and continuously rotated on two axes at a low speed (typically 4—8 revs/min), so that all parts of the interior surface of the mould pass through the pool. A very high proportion of rotomoulding production is of tanks of one form or another.

Borealis had the facility to make and did make relatively simple rotomouldings, usually in the shape of small boxes, with conventional moulding equipment63. This enabled them to make several copies of a standard product for testing62 Meaning that there would be a less narrow timeframe below and above which there could be problems of "undercooking" or "overcooking".63 For borecene a Rotospeed shuttle machine —much smaller than Balmoral's machines, but with a similar arm system.purposes.

But Balmoral could not reasonably rely on Borealis in respect of design or rotomoulding both of which were within its sphere of expertise. As to the former, it is the job of the rotomoulder to design his tanks. A polyethylene supplier is not responsible for failings in design.

No single one of the above list is determinative, with the exception of the first one. This is because if the express terms prevent the implication of a duty of good faith, then that will be the end of the matter. However, many of these characteristics will be found to be present where a contract is a relational one. In other cases on entirely different facts, it may be that there are other features which I have not identified above which are relevant to those cases.

The judge was satisfied on the evidence that Mr and Mrs Wood suffered illness as a result of the contamination of the food or drink they had consumed. Proving that an episode of this sort was caused by food which was unfit is far from easy. It would not be enough to invite a court to draw an inference from the fact that someone was sick. Additionally, other potential causes of the illness would have to be considered such as a vomiting virus.

The Companies Court has repeatedly made clear that where the standing of the petitioner, and thus its right to invoke what is a class remedy on behalf of all creditors, is in doubt, it is the Court's settled practice to dismiss the petition.