Car repairers were held liable for damage to a car which became out of control and crashed, following faulty brake repairs even though the faulty work had been done by their subcontractor brake liner and the customer had consented to the repairers engaging the subcontractor to do that work. He had indeed suggested the firm to his repairers. The customer had relied upon the repairers to repair the vehicle’s brakes ‘in a suitable and efficient manner’ and the repairers’ promise to do so was not qualified by the repairers’ ability to use subcontractors to do the lining of the brake drums.
It was the defendant’s duty: ‘in the circumstances, to provide good workmanship, materials of good quality and a braking system reasonably fit for its purpose, and they failed to do so by reason of the faulty off-side front brake drum liner.’
Judges:
Sellers J
Citations:
[1952] 2 QB 545, [1952] The Times LR 1266
Jurisdiction:
England and Wales
Cited by:
Cited – Wong Mee Administratrix of The Estate of Ho Shui Yee, Deceased v Kwan Kin Travel Services Ltd, China Travel Services Co (Zhong Shan) And, Pak Tang Lake Travel Services Co (Doumen County) Co PC 6-Nov-1995
The appellant’s daughter died in an accident whilst on holiday in China from Hong Kong on a trip booked with the respondent.
Held: Lord Slynn said: ‘ . . the issue is thus whether . . [the package tour operator] undertook no more than that . .
Lists of cited by and citing cases may be incomplete.
Contract, Torts – Other
Updated: 06 September 2022; Ref: scu.643986