Mary Chriset was 81 years old and suffered from Alzheimer's. In addition, she had poor
eyesight. She resided in a nursing home, but had two daughters who lived abroad.
One day, while she was out walking by herself, she was befriended by a young lady named Vicky Nell who was significantly younger than she was and impeccably dressed. Vicky visited her very often at the nursing home and after a while presented three documents for her to sign. She told Mary that the documents were permission slips for Mary to go on outings with her. It was discovered later that Mary had signed transfer documents for three of her houses to Vicky for $2,000 each. If Mary knew she was signing transfer documents for the three properties, but thought it was for a higher price, which of the following statements would be applicable:
A) she could claim damages for loss of income
B) the defence of non est factum would not be available to her
C) the defence of non est factum would be available to her
D) the defence of duress would be available
E) the contract would be enforceable as she knew it was a transfer
C
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