ABSTRACT

Alan’s car breaks down on his way to work. He telephones his local garage, Cedar Motors, who agree to send out Bert, a mechanic, to repair the car. Bert tells Alan that the car cannot be repaired at the roadside but will have to be towed to the garage. Alan agrees to this. Bert winches up Alan’s car in order to tow it to the garage, but a worn clip on the towing gear being used by Bert slips open, allowing the car to fall. The car runs backwards over Alan’s foot, breaking several toes. The car’s suspension is severely damaged in the fall. Displayed on the back of the towing vehicle is a notice: ‘All towing takes place at the customer’s risk. Cedar Motors and their employees accept no liability for any damage, injury, or consequential loss, howsoever caused, while a car is being towed.’