Sugar residue should have been removed from vessel
In considering the liability of Miller to the plaintiff under the COA, Yeldham J construed the interaction of clauses 17 and 21(c) as not making Miller a guarantor or insurer against contamination. He held, however, that Miller was in breach of its obligation under clause 21(c). That obligation he construed as being "to take reasonable steps for the purpose of making sure that no contamination occurred i.e. that no foreign substances, whatever their likely effect, were present." He thought "contamination" in this context referred to "the rendering of the aggregate impure by the presence of foreign substances irrespective of whether that impurity is likely to be relevant to the manufacture of concrete." Yeldham J found that Miller should have taken steps to ensure that the residues of sugar were removed from the vessel.