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Frenzi   31 August 2021

vehicle query

one of my friend works in car washing centre, one day while delivering the car to the client, the client car was hit by some other vehicle, minor damages are there to the car, now the client is demanding a new car. what can be done?


 3 Replies

nikita jain   01 September 2021

Person can't demand for the new car but yes it will be the responsibility of car washing centre to repair the damages and handover the car to the person.

Ananya Gosain   03 September 2021

The person who repaired the car and the client have entered into a contract of bailment. Client, the bailor, expects to get the car back repaired, and the bailee shop owner expects to get paid for the repairs. There is a mutual benefit to both parties. In a bailment for mutual benefit, the bailee must take reasonable care of the bailed property. A bailee who fails to do so may be held liable for any damages incurred from his or her NEGLIGENCE.Section 151 of the Contract Act imposes on bailee the Duty to take reasonable care and provides that the bailee is under obligation to take care of the goods bailed to him as an ordinarily prudent man in his place would have taken under the similar situation. Hope this helps Regards
1 Like

Kevin Moses Paul   05 September 2021

The essence of the contract between the car washing center and the client (i.e. Contract of Bailment) is well stated by Ms. Ananya Gosain.

However, the client can only demand for practical and valued damage(s) that he/she has incurred. Claiming for a new car for damages is an irrelevant claim and cannot be entertained. A client in such a case can ask for claim for damages to the car which will be compensated by the the car washing center itself either through cash or service's whatever the parties agree upon.

Kevin M. Paul

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