what kind of claim is a faulty and bad oil change and engine flush done by car wash , is it a tort or an contract, we had no contract though just a invoice on my services and does ask for my signature but i never signed it has invoice at top of page, the case is that the oil tech didnt properly do the oil change or put oil in or the improper work of the engine flush and its caused damages to my engine in whicj i have proof , but what kind of claim is it a tort or contract
2 Answers from Attorneys
You might have a tort for negligent work. You would have to show negligence in their behavior.
You might have a breach of an implied or express warranty as well. If there is an implied warranty that the services would be properly performed, then that is in effect without the necessity of showing negligence. That is more in the nature of a contract claim.