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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…

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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?

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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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