We recently read about the fire at the original Harbutt’s Plasticine factory. Whilst not strictly speaking animation related, the resulting legal case has had lasting ramifications.
In the early 1960s, Harbutt’s the inventor of Plasticine was based near Bath. They commissioned the installation of a new hot-wax pipeline system in their factory. The intent was to transport molten material into storage tanks for use in Plasticine production. The equipment was installed by Wayne Tank & Pump Co Ltd using plastic piping, a choice that would prove disastrous.
In February 1963, a thermostat failure caused the piping to overheat, leading to the plastic pipes melting and the molten wax to escape. The wax then ignited, causing a devastating fire that destroyed the entire factory overnight.
Following the destruction, Harbutt’s sued for negligence and breach of contract. In 1970 it went to the Court of Appeal where the judge declared the incident a fundamental breach, rendering the contract’s liability limitation clause invalid.
As a result, Wayne Tank was held fully responsible for the damages, including the cost of rebuilding the factory. Notably, the judge ruled that, unlike typical insurance claims, the defendants were liable for the cost of an entirely new facility, a ruling considered groundbreaking at the time.
This case remains part of English contract law, particularly for two key legal principles. Fundamental Breach, where the installer's egregious error nullified its attempt to limit liability. And, Quantum of Damages, where the installer was found liable for the full cost of replacement, even at greater expense
This remained the case until the House of Lords disapproved part of it in 1980. They tweaked the legalities of exemption clauses, but that's much less interesting.
Anyway, a conversation starter next time you're working with a fellow Plasticine Sculptor.
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Stop Motion Animator