3. Mark, a minor, operates a one-man automobile repair shop. Rose, having heard

Question

3. Mark, a minor, operates a one-man automobile repair shop. Rose, having heard of Mark's good work on other cars, takes her car to Mark's shop for a thorough engine overhaul. Mark, while overhauling Rose's engine, carelessly fits an unsuitable piston ring on one of the pistons, with the result that Rose's engine is seriously damaged. Mark offers to return the sum that Rose paid him for his work, but refuses to pay for the damage. Rose sues Mark in tort for the damage to her engine. Can Rose recover from Mark in tort for the damage to her engine? Please explain.

Explanation / Answer

Rose cannot sue Mark as an individual but can surely sue his enterprise on the basis of negligent services offered by his enterprise causing serious damage to Rose's vehicle. That is because:-

a) If the vehicle was damaged due to an accident then Rose could have claimed the damages from the insurance company. But that's not the case here.

b) Also, Rose wouldn't have claimed the damages if the engine was under warranty period. She would have instead gotten it replaced by the vehicle dealer/manufacturer.

Hence, Rose has complete right to claim the damages.

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