General Non Est Factum is a legal term that signifies “it is not my deed.” It serves as a defence strategy when an individual is accused of signing a document without comprehending its contents or without intending to sign it. This term is employed to assert that the document lacks validity due to the signer’s lack of knowledge regarding its nature.
General non est factum is a legal term that refers to the defence of “it is not my deed.” This defence is invoked when an individual asserts that they did not sign a document or contract and, as a result, should not be held accountable for its contents. For instance, consider the case of John who signed a contract to purchase a car, only to later discover that the contract pertained to a different vehicle than the one he intended to buy. In this scenario, John could employ the defence of general non est factum to argue that he did not sign a contract for the car he had intended to purchase, thereby absolving himself of any responsibility. This example effectively demonstrates how the defence of general non est factum can be utilised to challenge the legitimacy of a contract or document.
Non est factum is a Latin phrase that translates to “it is not my deed.” It is a defence used in contract law when a party claims that they did not fully understand the nature and consequences of the contract they signed.
You can use the defence of non est factum when you can prove that you were mistaken about the nature of the contract, and that the mistake was reasonable and not due to your own negligence.
Non est factum can be used as a defence in cases where a person signs a contract under duress, is illiterate or unable to read the contract, or is misled by the other party about the terms of the contract.
To prove non est factum, you will need to provide evidence such as medical records, witness testimonies, or expert opinions that support your claim of not understanding the contract.
Non est factum can be used in various types of contracts, including commercial contracts, employment contracts, and even personal contracts. However, its applicability may vary depending on the jurisdiction and specific circumstances of the case.
If you successfully prove non est factum, the court may declare the contract void and unenforceable. This means that you will not be bound by the terms of the contract and will not be held liable for any obligations or breaches.
No, non est factum is a defence primarily used in civil contract disputes. It does not apply to criminal charges as criminal law focuses on the intent and actions of the accused, rather than the understanding of a contract.
No, non est factum is different from fraud or misrepresentation. While fraud and misrepresentation involve intentional deceit or false statements made by one party, non est factum is based on the claim of a genuine mistake or lack of understanding by the party signing the contract.
If you had the opportunity to read the contract but chose not to, it may weaken your claim of non est factum. However, if you can prove that you were prevented from reading or understanding the contract due to factors beyond your control, you may still have a valid defence.
Yes, it is highly recommended to consult a lawyer if you intend to use the defence of non est factum. A lawyer can assess the strength of your case, gather the necessary evidence, and guide you through the legal process to ensure the best possible outcome.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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