Problem
Patrick's neighbour, Katharine, has been employed as a mechanic for Central Service for the last 15 years. Patrick, a business law instructor, is aware that Katharine has never acquired a mechanic's licence. Patrick's car is in need of major repairs. He concocts a scheme to have the repairs done without charge. After conducting some on-line research, Patrick locates the following excerpt from the Apprenticeship and Tradesmen's Qualification Act.
No person shall work or be employed as a motor vehicle mechanic unless the person holds a subsisting certificate of qualification.
No person shall employ any person as a motor vehicle mechanic unless the person employed holds a subsisting certificate of qualification.
Penalty Provision:
Every person,
Who contravenes any provision of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $10,000.00.
Patrick then has his daughter, Erica, take his car to Central Service to have the engine replaced. Erica specifies that Katharine make the mechanical repairs. Katharine does an excellent job in repairing the vehicle. Central Service presents Erica with a repair bill for $4,000.00 ($3,000.00 for parts; $1,000.00 for labour). Erica promises to drop off a cheque the next day and drives the car home. Erica then sent the following email (which was composed by Patrick) to Central Service: As the repairs to my vehicle have been performed by an unlicensed mechanic contrary to Section 11 of the Apprenticeship and Trademen's Qualifications Act, and because I am not yet 18 years old, I am not legally obligated to pay your invoice.
The management of Central Service seek your advice as to the viability of a legal action against Erica to force her to pay the account.
Task
• Indicate whether or not, and to what degree, if any, Central Service can succeed in its action against Erica. In your answer be sure to identify the countervailing public policies in issue.
• After Erica is served with the legal action, Patrick concocts plan B. He writes a cheque for $2,500.00 payable to Central Service with the notation "in full payment of Erica's indebtedness" and has Erica deliver the cheque. Central Service cashes the cheque but proceeds with the legal action against Erica to collect the balance. Erica claims that they cannot continue the action since they cashed the cheque.