A person signs a document in the reasonable belief that it is of one kind, but it is fundamentally…
Non est factum means ‘it is not my deed’. It is a narrow plea where the document signed differs fundamentally from what the signer reasonably believed it to be. A mistake…
Choose your answer
A person signs a document in the reasonable belief that it is of one kind, but it is fundamentally different in character. Which description identifies the basis of the plea non est factum?
Answer and explanation
Correct answer A
Non est factum means ‘it is not my deed’. It is a narrow plea where the document signed differs fundamentally from what the signer reasonably believed it to be. A mistake merely about some terms, or carelessness in signing, is insufficient.
Option feedback
Option A
The plea addresses a fundamental mistake as to the nature or character of the document.
Option B
A threat raises the distinct question of coercion.
Option C
Undue influence concerns how consent was procured.
Option D
The place of signing does not establish this plea.
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