Non est factum is a Latin legal term used in contract law to assert that a signed document is not the act of the party claiming to have signed it. This defence is typically raised when a person signs a document under circumstances where they were mistaken about its nature, such as if they were deceived, coerced, or lacked the mental capacity to understand the contents of the document. To successfully invoke non est factum, the signer must demonstrate that the document is fundamentally different from what they believed they were signing and that they exercised reasonable care in reviewing the document. If accepted by the court, non est factum may render the contract void and unenforceable, relieving the signer of any obligations or liabilities under its terms. However, the burden of proof lies with the party invoking non est factum to demonstrate that they signed the document under circumstances that warrant its invalidation.
‘not my deed’. A defence against charges of, for example, Breach of contract, on the grounds that the defendant was unaware of what he or she was doing. This defence has very limited application, and will not be accepted if the defendant was merely careless. Normally it will be necessary to show that the defendant has no real understanding of the consequences of his actions, perhaps because of illness or incapacity.
Non Est Factum is a Latin legal term meaning “it is not my deed.” It is a defence that can be used to void a contract when a party signed it under mistaken circumstances, such as not understanding the nature or terms of the agreement.
To successfully invoke Non Est Factum, the party must show that they signed the document under circumstances so radically different from what they believed they were signing that it is unfair to hold them to the terms of the contract.
Examples include signing a document under duress, signing a document in a language they do not understand, signing a document under false pretences, or signing a document while under the influence of drugs or alcohol.
Non Est Factum is a defence based on the mistaken belief that the document signed was something entirely different from what it actually was, while mistake in contract law involves errors or misunderstandings regarding the terms or consequences of the contract.
Evidence such as witness testimony, expert opinions, or documentary evidence may be used to establish that the signer did not understand the nature or terms of the document they signed.
Generally, if the party had the opportunity to read the document but failed to do so, they may not be able to invoke Non Est Factum unless there are additional circumstances that justify the defence.
If Non Est Factum is successfully proven, the contract may be declared void or rescinded, and the parties may be relieved of their obligations under the contract.
Non Est Factum may be used to invalidate contracts, particularly those that involve significant legal consequences or where there is evidence of unfairness or deception in the formation of the contract.
The burden of proof typically lies with the party invoking Non Est Factum to provide sufficient evidence to demonstrate that they signed the document under mistaken circumstances.
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: 29th March, 2024.
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