Commercial law, Business Law and Ethics

Commercial Law

Alice is an 80 year old, illiterate, and suffering from Alzheimer’s disease (a disease affecting short-term memory). Will is a social worker employed by the local council to call on elderly residents as part of his duties. He visits Alice every week to check on her well-being, as her family lives in the Vietnam, and very rarely comes to visit her.

Over the years, Alice has become increasingly dependent on Will for advice and emotional support. She lives on a very large farm, which has become too expensive and difficult to maintain. Will convinces Alice to give him half of the property in exchange for his weekly visits. She considers calling her family to consult with them, but Will tells her she shouldn’t bother them, and she signs a deed to transfer fifty percent of the property to him in exchange for his visits.

Will immediately sells the land to LJ Hooker Pty Ltd for $500,000. Alice falls into a coma and requires 24-hour medical attention. Her family has the power of attorney to manage Alice’s affairs, and wants to sell the large property to cover the cost of Alice’s care. They discover that half the property has been transferred to Will, and want to have her contract with Will rescinded and seek to recover the property.

Required:

Advise Alice’s family if there is a valid contract with Will, and any remedies to which they may be entitled under common law. Make reference to relevant case law to support your answer.

Posted Date: 2/15/2013 2:22:17 AM | Location : United States







Related Discussions:- Commercial law, Assignment Help, Ask Question on Commercial law, Get Answer, Expert's Help, Commercial law Discussions

Write discussion on Commercial law
Your posts are moderated
Related Questions
What are the advantages of doctrine of judicial precedent? Advantages of doctrine of judicial precedent: a. Makes it more clearly in terms of chances of winning case should

Directors Report: By S.157 (1) the balance sheet must have attached to it a directors' report on the company's affairs, including the amount, if any, which they recommend shou

Subject to it or affected it - African Customary Law Mostly one of the parties must be subject to it or affected through it. Whether as the plaintiff and the defendant rel

Question 1: The Ministry of Agro Industry & Fisheries has come up with a new Fisheries and Marine Resources Act to provide a coherent legal and institutional framework with a v

QUESTION 1 What are the individual and situational factors that influence ethical decision making in the workplace QUESTION 2 (a) How is unemployment socially distribut

COMPANY MANAGEMENT: A company, being an artificial person, cannot manage its own affairs. It is therefore not surprising to find that the articles of every registered company

Mode of Alteration:  The alteration of capital may be made by - 1) Increasing the company's share capital by new shares of such amount as the resolution prescribes; or 2

I will provide a cases from the media that have ethical implications. Please prepare a ppt presentation that: a) describes the issue/story (Clearly identify which case you ar

Effect Of Rescission: Where a contract of allotment is rescinded, the former shareholder will be entitled to his money back (normally with interest) and to a refund of any exp

Self-Confidence: Entrepreneurs are self-confident and tackle problems immediately with confidence and are persistent in the pursuit of their objectives. Most are at their best in