Question

Cassandra lived the last ten years of her life in her niece Angelica's house, under her care. After Cassandra's death, her children discovered that she had sold her house a week prior to her death to Angelica for $50,000. The market value of the house at the time of the sale was $500,000. Cassandra's children may attempt to have the sale set aside, arguing that it was the product of:

A duress
B fraud mutual
C mistake
D undue influence

Answer 1

Cassandra's children could argue the house sale was under undue influence as Angelica, who was caring for Cassandra, might have exploited their relationship to buy the house well below market value.

Step-by-step explanation:

The children of Cassandra may attempt to have the sale of the house set aside on the grounds of undue influence. The discrepancy between the sale price ($50,000) and the market value ($500,000), along with the fact that Angelica was caring for Cassandra, suggests that Angelica might have used her position of power to influence Cassandra's decision in a way that benefited Angelica disproportionately. Duress, fraud, and mutual mistake are less likely to be applicable here unless there is evidence to suggest that Cassandra was forced into the sale, deceived, or both parties were mistaken about a fundamental fact relevant to the transaction.