IN June 2001, a contract was signed between a company that makes electric motors and a company that uses motors as part of power steering systems in cars. The contract concerned the exclusive supply by one to the other of certain motors and associated items that were identified therein. About 13 years later, the purchaser (TRW Lucas) found itself on the wrong end of a €10m High Court judgment.1 TRW Lucas had, since about 2005, been buying motors from a third party, and HHJ Mackie QC found that this constituted a breach of the contract, even though the motors bought from the third party were not the same as the ones identified in the contract.
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