Essay Flashcards

Elena, a frail landowner, owns a rural lot. For years she relies on her longtime caretaker, Nilo, whom she trusts completely. Under persistent persuasion and guilt-tripping by Nilo, Elena signs a deed transferring the land to Nilo. The deed is notarized and recorded. Nilo later sells the land to Mateo, a buyer for value who records. Elena seeks rescission of the deed against Nilo. (a) Identify the doctrine governing the validity of Elena's deed and the remedy available to Elena. (b) Distinguish voidable contracts from void contracts and explain the effect of rescission on Elena's land when a third party has acquired it in good faith. (c) If the court grants rescission, what will happen to Mateo’s title if he bought in good faith and for value, and what remedies are available to Elena against Nilo?