“Not My Deed”: When Contracts Go Wrong with Non Est Factum
Imagine signing a contract, but later realizing it wasn’t what you thought. Non est factum, a legal term meaning “it is not my deed,” offers a defense in such situations.
This defense applies when someone signs a contract under a genuine misunderstanding. Perhaps they were misled about the document’s nature, lacked the mental capacity to grasp its terms, or were pressured into signing. In essence, they argue the signed document doesn’t reflect their true intentions or that they couldn’t understand its implications.
However, using non est factum successfully requires overcoming some hurdles. The individual must show they took reasonable steps to understand the document and that their mistake was neither due to negligence nor something a reasonable person wouldn’t have made. The burden of proof lies with them.
Non est factum is a complex defense with varying applications depending on location and the specifics of the case. If you believe you may have a valid claim, consulting with a qualified legal professional is crucial.
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