Mainos Mudukuti v FCM Motors (Private) Limited

Key Issues

• {"issue_text":"Whether the agreement was subject to the owner's risk disclaimer clause","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiff signed job card with disclaimer clause"}
• {"issue_text":"The legal effect and validity of the disclaimer clause under the Consumer Contracts Act","issue_type":"law","dispositive":"yes","related_facts":"Clause excludes liability for loss or damage, defendant is business dealing with consumer"}
• {"issue_text":"Whether the defendant breached an implied warranty to return the vehicle in no worse condition","issue_type":"law","dispositive":"yes","related_facts":"Vehicle was damaged while in defendant's custody, engine failed after repairs"}
• {"issue_text":"Whether the plaintiff is entitled to specific performance or damages","issue_type":"law","dispositive":"yes","related_facts":"Vehicle cannot be satisfactorily repaired according to expert evidence"}

Background