Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 16

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? Why?