Question
Maureen was an elderly woman who suffered from progressive dementia. She was no longer able to drive and was losing her ability to make sound
Maureen was an elderly woman who suffered from progressive dementia. She was no longer able to drive and was losing her ability to make sound decisions. Her son, Steven, approached a friend of his, Hannah, who had expressed interest in purchasing his mother's classic car and suggested that his mother might like to sell the car. He suggested that she would be willing to let it go for $20,000. Hannah called Maureen and offered $15,000 for the car. Maureen did not seem to know who Hannah was on the phone, but agreed to the deal for the car. The next day, Hannah showed up and handed Maureen a cheque for $15,000. Maureen handed Hannah the keys to the car and Hannah drove off. Maureen's daughter Sarah found out about the deal and was incredibly angry - the car's value was about $40,000. Sarah convinces Maureen to try to get her car back and seeks legal action against Hannah.
- What is the main legal issue in this case (2 marks)
- What is the legal test that would be used by a court in deciding that legal issue? (1 mark)
- an argument for the plaintiff. (1 mark)
- an argument for the defendant (1 mark)
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