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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

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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 repaits done without charge. After conducting some on-line research, Patrick locates the following excerpt from the Apprenticeship and Tradesmen's Qualification Act. 11(2) No person shall work or be employed as a motor vehicle mechanic unless the person holds a subsisting certificate of qualification (3) No person shall employ any person as a motor vehicle mechanie unless the person employed holds a subsisting certificate of qualification Penalty Provision: 26/1) Every person, (a) who contravenes any provision of this Act or the regulations is guilty of an offence and en 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 (53,000.00 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 of the Apprenticeship and Tradema'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 sock your advice as to the viability of a legal action against Erica to force her to pay the account Required: 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. (ii) Ater 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 Frica to collect the balance. Erica claims that they cannot continue the action since they cashed the cheque Required: Who is right? Explain with reference to the applicable legal principles (ii) Central Service advises Katharine that they are deducting S1,500.00 from her pay (the amount that Erica has refused to pay) since Katharine is in contravention of Section 13(2) of the Act since she is working as a mechanic Required: Would Katharine be successful in an action against Central Service for the withheld wages or could Central Service successfully defend the action? Explain

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