Question
Jake owns a small auto repair shop in New Westminster. He came to Canada many years ago from his native Germany and quickly learned the
Jake owns a small auto repair shop in New Westminster. He came to Canada many years ago from his native Germany and quickly learned the business of auto repair. Many say that Jake is the best mechanic in the region not only because of his knowledge of automobiles but also because of his high level of honesty and integrity. Jake just inherited an older home in West Vancouver from his Aunt Ursula who passed away leaving her house and all of her possessions to Jake, her only surviving relative. Jake had always been a devoted nephew and had taken very good care of his Aunt Ursula. In order to help him with the estate's legal matters, Jake hired Riley Fox, a middle-aged lawyer who specializes in wills and estate administration. During one of their visits to Ursula's home, Jake noticed Riley admiring a colourful painting on the wall that featured big trees and totem poles. "Aunt Ursula liked paintings with nature scenes," remarked Jake, "As for me, I really know nothing about painting. Now cars, them I know about." "Well, the paintings are all yours now, Jake," said Riley. "In fact, everything in the house including the house itself is now yours after you sign these documents. And this is also yours." As Riley handed Jake his bill for legal services, the two men shared a laugh together. "Thank you, Riley," replied Jake, "for all your help in getting me through all the legal stuff. I never would have been able to do it without you. Let me take you for a drink." At the Hofbrau House, Riley and Jake enjoyed a beer together and even made a special toast to dear departed Aunt Ursula. "By the way," said Riley, "now that you are the official owner of that painting we saw earlier, I would like to buy it from you. How does $5,000 sound?" "$5,000!" exclaimed Jake, "for that old painting? Well, Riley, if I can't trust my lawyer then whom can I trust? You have yourself a deal." "Well, let's put it down on paper then," replied Riley as he quickly wrote up a contract for the sale of the painting of the totem poles and big trees in an array of colours. The two men signed the written agreement and shook hands. Later in the week, Miss Mueller came by the house while Jake was doing some cleaning. Miss Mueller was Aunt Ursula's best friend for the last thirty-five (35) years. As Jake was bringing Miss Mueller some tea and strudel, he commented that he sold the painting that had hung on the wall across the room to his lawyer, Riley Fox, for a tidy sum. "Well," said Miss Mueller, "I hope he paid you at least $250,000. After all, that painting is an Emily Carr original." Upon further investigation, Jake discovered that similar Emily Carr paintings have recently sold for $260,000, $280,000 and $310,000. Although a person is generally bound to what he signs, explain whether Jake is able to get out of the contract with Riley Fox. In your answer: i) identify the issue; ii) discuss the relevant legal principles; iii) relate the legal principles to the facts of the situation; and iv) provide a conclusion.
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