Full question:
I had drop my car servicing for not moving vipers. The mechanic estimates the job for $50 but overcharged me $161.30. Also broke the WINDSHIELD. Now he deny to take responsibility of damage. I can not prove the windshield was intact. The mechanic had broke that while work. Police advised for Civil Case.
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: North Carolina
Answer:
If a mechanic fails to uphold their duty of care and this leads to foreseeable harm, they may be liable for damages due to negligence. To succeed in a negligence claim, you must show that the mechanic owed you a duty of care, failed to meet that duty, and that this failure caused the damage to your windshield.
Proving negligence can be challenging, especially when it comes to causation. In property damage cases, the court must determine if it is more likely than not that the mechanic caused the damage. This often comes down to the credibility of the parties involved.
Your dispute regarding the repair costs may also involve contract law. The terms of your agreement with the mechanic will dictate your rights and obligations. Review your contract carefully to understand your position regarding the overcharge and any damages.
Contracts are legally enforceable agreements that create obligations for both parties. An oral contract can be enforced, but proving its existence and terms can be more difficult than with a written contract. Breach of contract occurs when one party fails to perform as agreed, resulting in measurable harm to the other party.
Remedies for breach of contract typically include monetary damages, restitution, rescission, reformation, and specific performance. Monetary damages aim to compensate for financial losses, while restitution seeks to restore the injured party to their prior position. Rescission ends the contract, and reformation allows courts to modify the contract to correct inequities. Specific performance compels a party to fulfill their contractual duties when monetary damages are insufficient.
Promissory estoppel may apply if one party relied on the promise of another, leading to unfairness if the promise is not enforced. To prove detrimental reliance, you must show that your reliance on the promise was reasonable and resulted in harm.
In summary, you may have grounds for a civil case against the mechanic for negligence and breach of contract. It is advisable to consult with a legal professional to explore your options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.