Question

‘A’ took an electric tandoor from B & Co. on rent. In the rent agreement there was a clause to the effect that the company shall not be liable for any personal injury to the hirer or to any other person while using it. However, due to the defect in the tandoor, his wife was injured. She brought an action against B & Co. Which one of the following is correct ?

• A. She cannot succeed but can claim damages from B & Co.
• B. She cannot succeed as there was no contract between her and the B & Co.
• C. She would succeed
• D. She cannot succeed due to exemption clause.

Answer 1

The Correct Option is C

The correct option is (C): She would succeed.