Editing Contracts/Non est factum
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== Notable examples == | == Notable examples == | ||
In ''Petelin v Cullen'' (1975),<ref name="Petelin v Cullen">{{cite AustLII|HCA|24|1975|litigants=Petelin v Cullen |parallelcite=(1975) 132 [[Commonwealth Law Reports|CLR]] 355|courtname=auto}}.</ref> the defendant, Petelin, was illiterate and could speak very little English, but still signed a document he believed to be a receipt for $50 but | In ''Petelin v Cullen'' (1975),<ref name="Petelin v Cullen">{{cite AustLII|HCA|24|1975|litigants=Petelin v Cullen |parallelcite=(1975) 132 [[Commonwealth Law Reports|CLR]] 355|courtname=auto}}.</ref> the defendant, Petelin, was illiterate and could speak very little English, but still signed a document he believed to be a receipt for $50 but actually gave Cullen the option to purchase Petelin's land, which he exercised. Petelin refused to sign the contract for sale, alleging he had been deceived, and Cullen sought [[specific performance]]. The court found that because of Petelin's mistaken belief which was not because of his carelessness, his claim of ''non est factum'' was successful. The court noted that even if he had been careless, "Cullen was not an 'innocent person without knowledge or reason to doubt the validity of the appellant's signature'".<ref name="Petelin v Cullen"/>{{rp|para 15}} <ref>{{Cite web|url=http://www.australiancontractlaw.com/cases/petelin.html|title=Petelin v Cullen|last=Clarke|first=Julie|website=Australian Contract Law |archive-url=https://web.archive.org/web/20170814234137/http://www.australiancontractlaw.com/cases/petelin.html |archive-date=14 August 2017}}</ref> | ||
In ''Lloyds Bank v Waterhouse''<ref>''Lloyds Bank v Waterhouse'' [1993] 2 FLR 97.</ref> a father acted as a guarantor to his son's debt when purchasing a farm. The father was illiterate and signed the bank document under the belief that he was acting as the guarantor for the farm only, when the contract was actually for all the debt accumulated by the son. As he was illiterate, this was a mistake as to the document signed and the father was successful in claiming ''non est factum''. | In ''Lloyds Bank v Waterhouse''<ref>''Lloyds Bank v Waterhouse'' [1993] 2 FLR 97.</ref> a father acted as a guarantor to his son's debt when purchasing a farm. The father was illiterate and signed the bank document under the belief that he was acting as the guarantor for the farm only, when the contract was actually for all the debt accumulated by the son. As he was illiterate, this was a mistake as to the document signed and the father was successful in claiming ''non est factum''. |