Question: q gitas car had broken down attempts were made to...
Q- Gita’s car had broken down. Attempts were made to fix it on the side of the road, but eventually it became obvious that it was going to have to be towed to a garage for repairs. Gita arranged for AMC Motors to get the vehicle towed to its premises for repairs. When the vehicle was picked up by the tow truck, the driver asked Gita to sign an authorisation to pick up the car, deliver it to AMC Motors and carry out the repairs. One of the terms of the contract stated: ‘The company is not responsible for damage caused by fire to customers’ cars on the premises’. While at the garage, Gita’s car was extensively damaged by fire as a result of the negligence of one of AMC Motors’ mechanics.
AMC Motors relied on the exclusion clause to provide a defence. Explain whether you think it would be successful.