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Ann 's car broke down on her way to work. She telephoned her local garage, Quick Fix Motors, who agreed to send out Bert, a mechanic, to repair the...

Ann 's car broke down on her way to work. She telephoned her local garage, Quick Fix Motors, who agreed to send out Bert, a mechanic, to repair the car. Bert told Ann that the car cannot be repaired at the roadside but will have to be towed into the garage. Ann agreed to this. Bert winched up Ann's car in order to tow it to the garage, but a worn clip on the towing gear used by Bert, slipped open allowing the car to fall. The car ran backwards over Ann's foot, breaking several toes. The car's suspension was severely damaged in the fall. Displayed on the back of the towing vehicle was a notice: 

   " All towing takes place at the customers risk.  

    Quick Fix Motors and their employees accept no liability 

    for any damage, injury or consequential loss, howsoever 

    caused, while the car is being towed". 

 

Advise Ann who wishes to sue Quick Fix Motors and Bert, both of whom claim to be protected by the notice. Please answer ONLY this question.


Use atleast 3 relevant case to substantiate your answer

Top Answer

I will advise Ann to sue Quick Fix Motors and Beth as she has the right to do so... View the full answer

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