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KembaraXtra – Legal Terms – Non Est Factum
Non est factum is a Latin phrase meaning “it is not his deed.”
It is a legal plea used by a person who argues that a document signed by them should not bind them because they did not truly understand its nature or effect.
The doctrine applies only in exceptional situations, such as where a person signed a document fundamentally different from what they believed it to be.
A successful plea of non est factum makes the document void because the person’s consent was not genuine.
The defence is closely connected with the law of mistake and is usually unavailable where the signer acted carelessly.
Non est factum is a Latin phrase meaning “it is not his deed.”
It is a legal plea used by a person who argues that a document signed by them should not bind them because they did not truly understand its nature or effect.
The doctrine applies only in exceptional situations, such as where a person signed a document fundamentally different from what they believed it to be.
A successful plea of non est factum makes the document void because the person’s consent was not genuine.
The defence is closely connected with the law of mistake and is usually unavailable where the signer acted carelessly.
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