non est factum

Non est factum is a defence by which a person who signed a document claims it is not his act at all, because he was misled about its fundamental nature (not merely its contents) and was not careless in signing. If the plea succeeds, the document is void, and even an innocent third party who relied on it gets nothing.

It is available mainly to persons who are blind, illiterate or otherwise unable to read the document. In English law the plea is narrow and the burden is heavy. In India courts reach a similar result through the rules on fraud and the burden on the party relying on the document, especially where an illiterate or pardanashin woman is involved.

Example

The illiterate farmer pleaded non est factum, as he signed what he was told was a lease but was in fact a sale deed.

In Indian law

• Saunders v. Anglia Building Society (House of Lords, 1970)
• Foster v. Mackinnon (1869)

See also

fraud · void ab initio · mistake

Read more in the study notes

• Mistake (Contract I)