Question
Abid regularly took his car to be serviced at his local garage, Bust Ltd. On the four previous occasions, before handinghis car over to the
Abid regularly took his car to be serviced at his local garage, Bust Ltd. On the four previous occasions, before handinghis car over to the garage, Abid had always been required to read and sign a contractual document which containedthe following statement in bold red type:
'Bust Ltd accepts no responsibility for any consequential loss or injury sustained as a result of any work carried outby the company, whether as a result of negligence or otherwise.'
On the most recent occasion, due to the fact that the garage was very busy when he arrived, Abid was not asked tosign the usual document. He was, however, given a receipt for the car, which he accepted without reading. Bust Ltd'susual business terms were printed on the back of the receipt, including the statement above.
On driving the car home after its service, Abid was severely injured when the car suddenly burst into flames. Itsubsequently emerged that the fire had been the result of the negligent work by one of Bust Ltd's mechanics. BustLtd has accepted that its mechanic was negligent but denies any liability for Abid's injuries, relying on the exclusionclause above.
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