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A took an electric tandoor from B & Co. on rent. In the rent agreement there was a clause to the effect…

The cook was not a party to the hire contract, so the exemption clause cannot bind him; he can sue in tort for the supplier's negligence on the Donoghue v. Stevenson…

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A took an electric tandoor from B & Co. on rent. In the rent agreement there was a clause to the effect that the Co. shall not be liable for any personal injury to the hirer or to any other person while using it . However, due to defect in tandoor , a cook was injured .The cook brought an action against B & Co.

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Correct answer C

The cook was not a party to the hire contract, so the exemption clause cannot bind him; he can sue in tort for the supplier's negligence on the Donoghue v. Stevenson principle, and "Cook will succeed".

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