John is 95 years old and in poor health physically, but mentally, he is sharp as a
Question:
John is 95 years old and in poor health physically, but mentally, he is sharp as a whip. John is extremely wealthy and has a care-taker Anna, 25 years old, who lives with him in his mansion. John is emotionally attached to Anna and asks her to be his girlfriend. Anna says "give me $1,000,000 and I will be your girlfriend." John replies, "if you love me, I will give you everything you want." Anna, who already has a boyfriend and has no interest in John, except for his money says, "I love you John." The next day Anna hands John a piece of paper and tells him to sign it. John asks what it is and she tells him it is an agreement to give her a Picasso painting that he has. He signs it and says, "I never really liked that Picasso, I hope you enjoy it." She then says, "can I have some of the other paintings as well?" John replies, "sure honey, take whatever you want." The following day Anna hands John another piece of paper and tells him to sign it, she tells him it is an agreement to give her his Rolls Royce. John explains to Anna that he already promised to give the car to his grandson. Anna gets mad and holds up her first and says "you better sign this paper or else!" John reluctantly signs the paper. John's family becomes suspicious of Anna and fires her. The day after Anna is fired, she shows up to the mansion with a moving van and takes all of her personal possessions from her room as well as John's Picasso and several other of his paintings. Later that night she comes back and takes the Rolls Royce. John's family threatens to sue Anna if she doesn't return the paintings and car. Anna tells them that she has contracts signed by John in which he agrees to give her the paintings and the car in exchange for the care she has provided him. She also tells them that she is going to sue John for the $1,000,000 he still owes her.
- Is Anna entitled to the $1,000,000, Picasso, other paintings, or the Rolls Royce?
- Did Anna have enforceable contracts with John? Was there genuineness of assent?
- Can John's family claim the contracts were based on mistake, fraudulent misrepresentation, duress, or undue influence? If so, how, what elements need to be proven? If proven are the contracts, void, voidable, or rescindable?
Introduction To Federal Income Taxation In Canada
ISBN: 9781554965021
33rd Edition
Authors: Robert E. Beam, Stanley N. Laiken, James J. Barnett