Question 2 (18 marks) Read the scenario below and answer the question that follows.

Defective consensus Mrs X is an elderly woman who has various properties in Cape Town. One of the properties is a beach house, in an area that is known to attract tourists from all over the world. Mrs X contracts Covid-19 and is admitted to hospital by her family doctor, as she is very ill, confused, and disoriented. Whilst she is in hospital, her doctor (Dr Strauss) convinces her to transfer her beach house into his name so that he can manage it for the benefit of Mrs Xs husband and children. A few months later, Mrs X fully recovers and demands that Dr Strauss transfers the beach house back into her name, as she believes that he influenced her in an unscrupulous manner to transfer the beach house into his name.

Identify and discuss each of the following elements from the scenario: 2.1 The legal issue. (2) 2.2 The law relating to consensus that applies to the scenario. Motivate your answer. (9) 2.3 The applicability and relevance of Preller v Jordaan 1956 1 SA 483 (A) to this scenario. Motivate your answer. (4) 2.4 Whether Mrs X will be able to recover her beach house from Dr Strauss. (3)