Special Non Est Factum is a defence used when an individual denies executing a legal document they are being sued for. It signifies that the document is not their deed. There are various types of non est factum, such as general, particular, and verified. Special non est factum specifically outlines the reasons why the execution of the document is invalid or nonbinding.
Special non est factum is a legal term that refers to the denial of the execution of an instrument being sued on. It is commonly used to refute the signing of a contract that created a debt in cases where someone is being sued for non-payment. This type of pleading outlines the reasons why the execution of the instrument is considered invalid or nonbinding. There are other variations of non est factum pleadings, such as general non est factum (a broad denial of execution), particular non est factum (another term for special non est factum), and verified non est factum (a sworn denial questioning the validity of the instrument and signature). The specific type of non est factum pleading used depends on the circumstances of the case. Special non est factum serves as a legal tool to challenge the validity of a contract or other legal instrument. It is crucial for individuals to be aware of their legal rights and options when dealing with legal disputes.
Special Non Est Factum is a legal defence that allows a person to argue that a signed document is not legally binding because they were mistaken about the nature of the document they were signing.
Special Non Est Factum can be used when a person can prove that they were mistaken about the nature of the document they were signing, and that the mistake was reasonable.
Special Non Est Factum applies when a person is mistaken about the nature of the document they are signing, while regular Non Est Factum applies when a person is mistaken about the contents of the document.
To prove Special Non Est Factum, a person will need to provide evidence of their mistaken belief about the nature of the document, such as testimony or documentation.
Special Non Est Factum can be used in most types of contracts, but there may be specific requirements or limitations depending on the jurisdiction and the type of contract.
Special Non Est Factum may not be successful if the person signing the document had the opportunity to read and understand it, or if they were negligent in not doing so.
Special Non Est Factum can be used in cases of fraud or misrepresentation if the person signing the document can prove that they were misled about the nature of the document.
The burden of proof for Special Non Est Factum is on the person claiming the defence, who must demonstrate that they were mistaken about the nature of the document they signed.
Special Non Est Factum is primarily used in civil cases, but it may be applicable in certain criminal cases where a signed document is involved.
It is highly recommended to consult a lawyer if you are considering using Special Non Est Factum as a defence, as they can provide guidance on the specific requirements and potential outcomes in your case.
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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