Question 4

Laverne Carmine is 74 years old.She lives with her daughter, Shirley, in a house that Laverne owns.Laverne has recently been diagnosed with Alzheimer's disease.She is in the very early stages of the disease, but because Laverne had such a fabulous memory before, her daughter Shirley recognized that Laverne was having difficulties and took Laverne to a specialist who diagnosed the disease.Shirley often tells people that even with Alzheimer's her mother's memory is better than her own.Shirley dreads the day when that will no longer be true.Shirley plans to retire from her job as a legal secretary as soon as her mother's symptoms worsen so that she can care for her in their home for as long as possible.Shirley came home from work one day to find that her mother had entered into a verbal agreement to rent out an apartment over the garage at a rate that Shirley feels is ridiculously low. The term of the rental is to be four years with an option to renew the lease for one year. Laverne tells Shirley that she had a lovely long conversation with Robert Stephenson, whose father came from the same town in New Brunswick that Laverne did, so she decided to give him a discount.Shirley, who has considerable knowledge of contract law, due to her experience working in a law firm, wants to call Robert immediately to get Laverne out of the lease.

(a)What is the best legal argument that Shirley can make to get Laverne out of the lease?(3 marks)

(b)Assume that the lease was for a one year term and was not renewable.What legal arguments could Shirley then make to get Laverne out of the lease?(3 marks)