Question
. 2. Joanna's aunt recently died, and in her Will Joanna was left the house and its contents, which included valuable paintings and antique furniture.
. 2. Joanna's aunt recently died, and in her Will Joanna was left the house and its contents,
which included valuable paintings and antique furniture. Joanna and her husband, Peter,
have been suffering financial difficulties, and Peter's building business has also been
struggling financially. This is because most of his clients are friends and it has been hard
to get them to pay for work done.
Joanna decides to keep the house but sell the contents at a public auction. Once word of
this gets out, she is contacted by relatives who already have their eye on certain objects.
Her second cousin, Marie, writes to her, stating that she had been promised the big guilt
edged mirror in the main hallway by the aunt.
As it seems the aunt had forgotten the promise, Marie would buy it from Joanna for the
nominal sum of $50 (the mirror is an antique worth $5,000). Marie stated that she will
assume the mirror is hers if she does not hear from Joanna within two weeks after the
postmark on the letter. She also hints that outstanding payments due to her husband's
business for renovations done to Marie's house might be significantly delayed if she does
not get her way.
As Peter has told her that the business is on the brink of collapsing unless some payments
are received soon, Joanna decides to sell the mirror to Marie for $50.
Advise Joanna on what common law grounds she may use to attack the transaction with
her second cousin, Marie.
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