MGMT 3100 Chapter Notes - Chapter 9: Non Est Factum, Uberrima Fides, Caveat Emptor
17 Jul 2016
School
Department
Course
Professor
Document Summary
Chapter 9: grounds upon which contract may be set aside: mistake & misrepresentation. Mistakes about the nature of a signed document. Non est factum: it is not my doing is an ancient principle created in medieval times when most people could not read or write and usually signed documents by marking or imprinting a seal. Illiterate people relied on literate party to describe nature of document. If literate party materially misrepresented nature of document, it was void. Concept extended to allow people to carelessly sign documents without reading them. House of lords declared signer could not avoid liability by pleading non est factum. Plaintiff was 78 year old widow who had just broken her glasses. Court found her careless in signing a deed she couldn"t read. Defence of non est factum only available to. Someone who as a result of misrepresentation, has signed a document mistaken as to its nature and character who has not been careless in doing so.
