Problem related to electric shock


Assignment task:

Five years ago, Simon was able to purchase his first flat in which he continues to live. He owns a washing machine that has needed regular repair over the past five years. On the latest occasion on which it breaks down, he phones Oliver, who has repaired the machine on all previous occasions. He agrees to come out on the basis of an 'all inclusive' charge of £125. On previous occasions, when Oliver has repaired the machine, he has handed Simon a work order upon arriving at the flat, which states that Oliver's liability for replacing any parts that break down within three months is limited to £100. Otherwise, the order states that Oliver will not accept any liability for loss or damage howsoever caused by his work. On Oliver's most recent repair visit, however, he did not hand Simon a work order.

The next time that Simon uses the washing machine, it floods, causing £2000 worth of damage. When Simon tries to switch off the machine, he receives a powerful electric shock from the casing, which severely burns his arm.

Advise Simon.

(Note: you are not to deal with damages.)

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