Ninety-year-old Elvie lives alone on the south side of Boston in a home built in 1925. Elvie suffers astroke that leaves her with significant physical limitations and difficulty communicating. Elvie’s nextdoor neighbor, Martha, is a retired nurse and also lives alone. Elvie’s children hire Martha as Elvie’scaretaker and ask her to move into Elvie’s house to give her the 24-hour-a-day care she needs. Marthasells her home and moves in with Elvie. Over the next year, Elvie’s health deteriorates. Just beforeElvie dies, Martha talks her into selling her house to Martha for much less than its apparent marketvalue. Elvie signs the papers and passes away a few days later. Anticipating that Elvie’s children willbe upset about the sale of the house, Martha offers to sell it to her friend Norma at a great price (and abig profit for Martha) if Norma will forego a home inspection and close the deal quickly. When Normahesitates, Martha tells her, “Hey, I have lived in the house for a year and never noticed any problems.”Norma buys the house without having it inspected first. Four months later, the basement starts to leakand Norma hires a contractor to look into the problem. The contractor discovers numerous cracks in thewalls and floor of the basement that had been repaired and then covered with wood paneling andflooring. The contractor tells Norma that the house is structurally unsound and not safe to live in.1. Under what two (2) theories might Elvie’s children challenge Martha’s ownership of thehouse? Explain.2. Suppose Elvie does not sell the house to Martha, but gives it to her in appreciation for theyear of constant care and companionship. Under these circumstances, what additionalargument(s) would Elvie’s children have to challenge Martha’s ownership of the house?3. Can Norma sue Martha for fraudulent misrepresentation? Why or why not?4. Can Norma get out of the sales contract with Martha based on mistake as to the conditionof the house? Why or why not?
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