(a) Whether the exclusion clause was incorporated into his contract with Prescotts Ltd;

(b) The possible impact of the Consumer Rights Act 2015 regarding any claim Imogen might make against Prescotts in relation to her injuries.

Imogen regularly took her car to be serviced at her local garage, Prescotts. On the four previous occasions she had taken her car to the garage, before handing her car over, Imogen had always been required to read and sign a contractual document which contained the following statement in bold red type:

‘Prescotts accepts no responsibility for any consequential loss or injury sustained as a result of any work carried out by the company, whether as a result of negligence or otherwise.’

On the most recent occasion she visited the garage, Imogen was not asked to sign the usual document. She was, however, given a receipt for the car, which she accepted without reading. Prescotts usual business terms were printed on the back of the receipt, including the statement above.

On driving the car home after its service, Imogen was severely injured when the car suddenly burst into flames. It subsequently emerged that the fire had been the result of the negligent work by one of Prescotts mechanics. Prescotts has accepted that its mechanic was negligent but denies any liability for Imogen’s injuries, relying on the exclusion clause above.

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A wrongful act whether intentional or accidental from which injury occurs to another is called Tort ... View the full answer