Editing Contracts/Non est factum
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'''''Non est factum''''' ([[Latin]] for "it is not [my] deed") is a defence in [[contract law]] that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign."<ref name="Chew 2009"/> A claim of ''non est factum'' means that the signature on the contract was signed by mistake, without knowledge of its meaning. A successful plea would make the contract void ''[[ab initio]]''.<ref name="Petelin v Cullen"/> | '''''Non est factum''''' ([[Latin]] for "it is not [my] deed") is a defence in [[contract law]] that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign."<ref name="Chew 2009"/> A claim of ''non est factum'' means that the signature on the contract was signed by mistake, without knowledge of its meaning. A successful plea would make the contract void ''[[ab initio]]''.<ref name="Petelin v Cullen"/> | ||
According to ''Saunders v Anglia Building Society'' [1971],<ref>{{cite BAILII |litigants=Saunders v Anglia Building Society |year=1970 |court=UKHL |num=5 |parallelcite=[1971] [[Appeal Cases Law Reports|AC]] 1004 |courtname=auto}}.</ref> applied in ''Petelin v Cullen'' [1975],<ref name="Petelin v Cullen"/> the strict requirements necessary for a successful plea are generally that: | According to ''Saunders v Anglia Building Society'' [1971],<ref>{{cite BAILII |litigants=Saunders v Anglia Building Society |year=1970 |court=UKHL |num=5 |parallelcite=[1971] [[Appeal Cases Law Reports|AC]] 1004 |courtname=auto}}.</ref> applied in ''Petelin v Cullen'' [1975],<ref name="Petelin v Cullen"/> the strict requirements necessary for a successful plea can are generally that: | ||
# The person pleading ''non est factum'' must belong to "class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability."<ref name="Chew 2009">{{cite web |last=Chew |first=C.Y.C. |url=http://www.austlii.edu.au/au/journals/UWSLawRw/2009/4.pdf |title=The Application of the Defence of Non Est Factum: An Exploration of its Limits and Boundaries}} (2009) 13(1) University of Western Sydney Law Review 83.</ref> The disability must be one requiring the reliance on others for advice as to what they are signing.<ref name="Chew 2009"/><ref name="Petelin v Cullen"/> | # The person pleading ''non est factum'' must belong to "class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability."<ref name="Chew 2009">{{cite web |last=Chew |first=C.Y.C. |url=http://www.austlii.edu.au/au/journals/UWSLawRw/2009/4.pdf |title=The Application of the Defence of Non Est Factum: An Exploration of its Limits and Boundaries}} (2009) 13(1) University of Western Sydney Law Review 83.</ref> The disability must be one requiring the reliance on others for advice as to what they are signing.<ref name="Chew 2009"/><ref name="Petelin v Cullen"/> | ||
# The "signatory must have made a fundamental mistake as to the nature of the contents of the document being signed," including its practical effects.<ref name="Chew 2009"/> | # The "signatory must have made a fundamental mistake as to the nature of the contents of the document being signed," including its practical effects.<ref name="Chew 2009"/> |