Question

Monika went to a mechanic shop to give her car a service. Monika signed the contract...

Monika went to a mechanic shop to give her car a service. Monika signed the contract with the shop. It provides that the mechanic shop will not be liable for any loss or damage caused during the service. However, after Monika left her car, a staff member working at the mechanic shop thought that was the car to be dismantled. Monika was furious when she came back and found out that her car was dismantled. Do you think Monika can sue the mechanic shop and seek compensation?

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Answer #1

Yes, Monika can sue the shop. The contract was to service the car. That itself is breached since the mechanic did not adhere to the contract. The service performed for different from what was agreed upon. This was not loss or damage caused during the service since there was no service at all. Hence she can sue the shop.

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