Non est factum


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Related to Non est factum: Non est inventus

Non` est` fac´tum


1.(Law) The plea of the general issue in an action of debt on bond.
References in periodicals archive ?
It's the foundation of a defense - in contract law to avoid honoring a signed agreement because of a misunderstanding: the legal argument non est factum.
The case concerned, inter alia, the restitutionary liability of a borrower who so lacked mental capacity at the time of entering into the impugned loan transaction that the transaction was void for non est factum. The Court of Appeal found that the borrower was not in fact benefited by his receipt of the loan and restricted his restitutionary liability to a small sum retained in his account.
CONTENTS I Introduction II The Claim in Unjust Enrichment A Enrichment B Autonomy-Based Enrichment Principles C The Principles Applied III Enrichment and Incapacity A Enrichment and Minors B Enrichment and the Mentally Incapable C Enrichment and Non Est Factum IV Change of Position A A Defendant-Instigated Change of Position B An Independent Change in the Defendant's Position V Other Approaches VI Conclusion I INTRODUCTION
(9) Further, his Honour found that the transactions were void for non est factum. (10) Mr Ford's degree of incapacity meant that when he signed the documents he had no positive belief about their nature and effect.
(13) The Court of Appeal emphasised that the plea of non est factum is concerned with 'the true consent of the signer'.
At trial, the Bank had argued that, in order for the loan and mortgage transactions to be held void, the other party must show that the Bank had knowledge of the facts giving rise to the defence of non est factum. (18) If accepted, this requirement would have constituted a difficult hurdle for the defendant to overcome because the Bank had never dealt with him personally (the loan having been arranged through a broker) and, according to Harrison J, the Bank had no reason to suspect the defendant's incapacity.
III NON EST FACTUM 1N THE CONTEXT OF GUARANTEES--A CRITICAL
IV APPLICATION OF NON EST FACTUM IN GUARANTEE CASES:
V THE PLEA OF NON EST FACTUM IN GUARANTEE CASES: DIMINISHED
Non est factum is a defence which may be available to someone who
Editorial covers: ethical/professional obligations of lawyers; the law of non est factum; undue influence; bank guarantees; domestic contracts; employment agreements; corporate transactions; insurance releases; and, negligence claims against lawyers.
Editorial includes coverage of: ethical/professional obligations on lawyers; the law of non est factum; undue influence; bank guarantees; domestic contracts; employment agreements; corporate transactions; insurance releases; and, negligence claims against lawyers.
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