Can Anderson recover from Michael in tort for the damage to her engine? Why or why not?
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Michael, a minor, operates a one-man automobile repair shop. Anderson, having heard of Michael’s good work on other cars, takes her car to Michael’s shop for a thorough engine overhaul. Michael, while overhauling Anderson’s engine, carelessly fits an unsuitable piston ring on one of the pistons, with the result that Anderson’s engine is seriously damaged. Michael offers to return the sum that Anderson paid him for his work, but refuses to pay for the damage. Can Anderson recover from Michael in tort for the damage to her engine? Why or why not? |
Explanation
Any contract made with a minor is voidable ab initio. Even though Individual M carelessly replaced one of the pistons of Individual A's car with a less efficient one, causing serious damage to the engine, the damages cannot be recovered since Individual M is a minor. A recovery for damage is going to make the contract valid, which is not going to be happen in a court.
Sample Response
Individual A cannot recover damages from Individual M since a contract made with a minor is voidable from the beginning. If recovery for torte is allowed, it is going tomake the contact enforceable, which cannot happen.
