Reference no: EM133229744

ABC, who were feeding-stuff manufacturers, contracted with XYZ, who were mink breeders, to compound for and deliver to them an animal foodstuff known as "King Size." The foodstuff so supplied caused thousands of mink to die because an ingredient, Norwegian herring meal, supplied to the plaintiffs by a third party, a Norwegian organization, contained a toxic agent, a chemical "DNA" which, however, was not proved to be unfit for animals other than mink. The contamination resulted from the use of a preservative. The contract under which the herring meal was supplied to ABC provided quality and description that it was to be "fair average quality of the season" When fed to cows the foodstuff did not cause any illness or death, i.e. was fit for consumption. Is ABC liable for breach of quality/ fitness/ description/ sample?