WEEK 5

LAW OF CONTRACT

1. Mrs Lee, a wealthy widow and property owner aged 72, became interested in the
beliefs of a religious sect called the Brothers and Sisters of Charity. She went to see
Brother Bernard, who was the leader of the sect and asked what she might do to assist
in the work. Brother Bernard suggested that she should first join the sect and decide
over a period of time where she might best make her contribution. Mrs Lee became a
member of the sect and attended regular prayer meetings which were held at Brother
Bernard’s home. On one such occasion, Brother Bernard suggested to Mrs. Lee that
the sect ought to have its own premises and asked her if she would sell one of her
properties in Klang to the sect at less than the market price.

Mrs Lee at first refused but six months later she sold the property to Brother Bernard
for half its market value having been told repeatedly by him that in doing so, she
would be assured a place in Heaven on her death. The conveyance and other legal
formalities were carried out for her by Joseph, who was also a solicitor to the sect.
Two months after conveying the property in Klang to Brother Bernard, Mrs Lee who
has not received any money in respect of the sale either from Brother Bernard or
Joseph wishes to recover the property. Advise her.

2. Adrian bought a painting from Lisa and paid a very high price. Both Adrian and Lisa
thought that a famous artist, Bobby painted it. In fact the painting was the work of
Mamat, an ordinary amateur artist.

Examine whether the mistake made by them is operative in law.