Teena's neighbour, Joe, has been employed as a mechanic for Central Service for the last 10 years. Teena, a student of business law, is aware that Joe has never acquired a mechanic's licence. Teena's car is in need of major repairs but she has no savings. Consequently, she concocts a scheme to have the repairs done without charge. Teena does an online search and 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 mechanic 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 on conviction is liable to a fine of not less than $1,000.00 and not more than $100,000.00.

Teena takes her car to Central Service and has the engine replaced, specifying that Joe make the mechanical repairs. Joe does an excellent job in repairing the vehicle. Central Service presents Teena with a repair bill for $3,000.00 ($2,000.00 for parts; $1,000.00 for labour). Teena promises to drop off a cheque the next day and drives the car home. She then sent the following email to Central Service:

Since 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 Teena 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 Teena. In your answer be sure to identify the countervailing public policies in issue.

(ii) After being served with the legal action, Teena concocts plan B. She delivers a cheque to Central Service for $1,000.00 with the notation "in full payment of my indebtedness". Central Service cashes the cheque but proceeds with the legal action to collect the balance. Teena claims that they cannot continue the action since they cashed the cheque.

Required: Who is right? Explain with reference to the applicable legal principles.

(iii) Central Service advises Joe that they are deducting $2,000.00 from his pay (the amount that Teena has refused to pay) since Joe is in contravention of Section 11(2) of the Act since he is working as a mechanic.

Required: Would Joe be successful in an action against Central Service for the withheld wages or could they successfully defend the Action? Explain