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0 tracked cards Civil Law and Land Titles and Deeds
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An elderly landowner, Diego, owns a 40-hectare farm. For years he relies on his long-time manager, Mauro, who enjoys a confidential relationship with Diego and uses that relationship to persuade Diego to sign a deed transferring the farm to Mauro for a price far below its fair value. The deed is notarized and recorded. Mauro later sells the farm to Rafael for value, and Rafael also records. Diego seeks rescission of the deed against Mauro. (a) Identify the doctrine governing the validity of Diego’s deed and the remedy available to Diego. (b) Distinguish voidable contracts from void contracts and explain the effect of rescission on land when a third party has acquired it in good faith. (c) If the court grants rescission, what will happen to Rafael’s title if he bought in good faith and for value, and what remedies are available to Diego against Mauro?

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Clara

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