Verified Non Est Factum refers to a situation where something that was signed or agreed to is deemed invalid because the person who signed it did not comprehend what they were signing. Verification entails proving the truth or reality of something, so verified non est factum indicates that it has been demonstrated that something is not valid due to lack of understanding by the signer.
Verified non est factum is a legal term used when a person signs a document but later claims they did not comprehend its contents. This defence is employed when the signer was mistaken about the document’s contents and did not intend to be bound by it. It is related to the Latin phrase “non est factum,” meaning “it is not my deed.” For instance, John signed a contract to buy a car from a dealership but later discovered undisclosed fees. He argued that he would not have signed the contract if he had known about the additional fees, using the defence of verified non est factum to assert that the contract was not binding. This example demonstrates how this defence can be used to challenge a contract’s validity. To successfully utilise this defence, John must prove that he did not understand the contract’s terms and would not have signed it if he had known about the additional fees. This defence is only applicable in specific circumstances, and the person using it must demonstrate that they made reasonable efforts to comprehend the document before signing it.
Verified non est factum is a legal defence that allows a party to argue that they should not be bound by a contract because they did not fully understand its terms or the nature of the document they were signing.
You can use the defence of verified non est factum when you can prove that you were mistaken about the nature or terms of the contract, and that you took reasonable steps to ensure you understood it.
To establish verified non est factum, you must show that you had no reasonable means of discovering the true nature of the document, that you were not negligent in signing it, and that the document is fundamentally different from what you believed it to be.
No, verified non est factum cannot be used if you simply failed to read the contract. It requires a genuine mistake about the nature or terms of the document.
To support a claim of verified non est factum, you will need evidence such as witness testimony, expert opinions, or any other relevant evidence that can establish your lack of understanding or mistake.
Verified non est factum can be used in various types of contracts, including commercial contracts, employment contracts, and even consumer contracts. However, its applicability may vary depending on the jurisdiction and specific circumstances.
No, verified non est factum is not a commonly used defence in contract disputes. It is a relatively rare defence and is only successful in limited circumstances where the requirements are met.
If you successfully establish verified non est factum, you may be relieved from the obligations of the contract. However, this will depend on the court’s decision and the specific circumstances of the case.
No, verified non est factum cannot be used if you signed the contract under duress or coercion. In such cases, you would need to rely on other legal defences, such as undue influence or unconscionability.
If you believe you have a valid claim of verified non est factum, it is crucial to consult with a qualified attorney who specializes in contract law. They can assess the strength of your claim and guide you through the legal process.
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: 27th April 2024.
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