Editing Contracts/Non est factum
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Because Mr Ford was illiterate (though capable of signing his name), suffered from a "significant congenital intellectual impairment" and had no understanding of the particulars of the agreement or consequences of non-payment, the judge at appeal found that he had been the pawn of his son throughout, and "his mind was a mere channel through which the will of his son operated."<ref name="Bant 2009"/> | Because Mr Ford was illiterate (though capable of signing his name), suffered from a "significant congenital intellectual impairment" and had no understanding of the particulars of the agreement or consequences of non-payment, the judge at appeal found that he had been the pawn of his son throughout, and "his mind was a mere channel through which the will of his son operated."<ref name="Bant 2009"/> | ||
The Court dismissed the argument that the appellant had been careless as that would presume that he was capable of turning his mind to the issue and making judgements.<ref name="Bant 2009"/> It ruled that Mr Ford lacked the legal capacity, and therefore contract was void for '''non est factum'''. While not a binding | The Court dismissed the argument that the appellant had been careless as that would presume that he was capable of turning his mind to the issue and making judgements.<ref name="Bant 2009"/> It ruled that Mr Ford lacked the legal capacity, and therefore contract was void for '''non est factum'''. While not a binding judgment, this example illustrates an application of ''Petelin v Cullen'' [1975] as it depicts the necessary level of incapacity and level of misunderstanding required to shift the heavy burden of the party raising the defence. | ||
==References== | ==References== |