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Over a period of five years Mr. Bond has, twice yearly, had his Aston Martin DB4 serviced at MoneyPenny Motors. On each occasion he had signed a form by which the garage disclaimed liability for damage caused by fire to customers’ cars. On the latest occasion, however, he did not sign the form. A garage employee, acting negligently, set light to the car’s interior with a welding torch and the car was completely destroyed in the ensuing fire. Mr. Bond is considering legal action against the garage. What is the position? A. In order to rely on the clause the garage must show that Mr. Bond was actually aware of it. B. The garage cannot rely on the clause as Mr. Bond did not sign it. C. The garage cannot be held liable for the acts of its employees. D. The exclusion clause is incorporated through course of dealings. |