Question 1

Joyce, now 72, was working in the back garden of her home when a man stopped in to ask about her amazing fruit trees and how she got them to flourish, suggesting he was an avid fan of gardens.He then asked her why she had kept her rickety old garage instead of expanding her incredible garden.She told him she was using it to store her mother's old car, which was in fact a vintage Jaguar. Why, he questioned, given the better use of the space as a garden.He asked to see the car, out of curiosity he said, then made some negative comments about how dirty the engine would be and how old and flat the tires were: not much use to anyone he said.He offered to "take it off her hands" for $500, which he said would be enough money to enable her to tear down the garage and put on topsoil for more amazing plants.Joyce was relieved and excited by his suggestion, so readily signed the ICBC transfer forms he came by with later that day, along with a tow truck to remove the car for $500? He said "you're getting such a great deal, you are essentially robbing me!"

Joyce's daughter heard about the deal and is furious.The Jaguar was worth $80,000.Joyce's daughter has come to your law office to see if the deal can be set aside so that she can assist her mother in doing so. Joyce is too confused and upset to do anything and says the man was so charming she doesn't want to cause any trouble.

Discuss the relevant law relating to the facts, with reference to any cases, to determine if the sale can be set aside.