MUDUKUTI v F C M MOTORS (PVT) LTD 2007 (1) ZLR 183 (H)
Citation | 2007 (1) ZLR 183 (H) |
Case No | Judgment No. HH-14-07 |
Court | High Court, Harare |
Judge | Patel J |
Heard | 28 February 2006; 1 March 2006 |
Judgment | 2 April 2007 |
Counsel | W P Zhangazha, for the plaintiff |
Case Type | Civil trial |
Annotations | No case annotations to date |
Flynote
Contract — breach — damages — assessment of loss — replacement value of motor vehicle — assessment based on unofficial "parallel" rate of exchange — court refusing to award damages on that basis
Contract — term — implied term of contract — when may be imported — implied term to return vehicle in a state not worse than when it was left with repairer
Contract — validity — disclaimer clause — when may be treated as unfair in terms of Consumer Contracts Act [Chapter 8:03] — customer leaving vehicle for repair — not fair to restrict repairer's liability for loss or damage caused
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