An 80-Year-Old Woman Signed, in the Presence of a Solicitor

question 119

Multiple Choice

An 80-year-old woman signed, in the presence of a solicitor, a contract for land by which she sold property to her daughter. She later asked the court to set the contract aside on the grounds of non est factum (mistake) and undue influence. Which of the following is true with regard to these grounds for the contract?

• A) She can successfully use the plea of non est factum if there is evidence that she was careless when she signed the document.
• B) She can successfully use the plea of non est factum if she was not misled about the very nature of the document.
• C) If the court presumes that undue influence was used by the adult who gained from the contract with an aged parent, the contract is automatically set aside.
• D) If the lawyer were the daughter's husband, his advice would be seen as independent legal advice.
• E) If the aged mother received independent legal advice, it would be good evidence for the daughter that the mother's transferring the property was done freely, without undue influence being exerted.

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