Non Est Factum in UK Law

Leading Cases
  • Muskham Finance Ltd v Howard
    • Court of Appeal
    • 30 Nov 1962

    The plea of non est factum is a plea which must necessarily be kept within narrow limits. Much confusion and uncertainty would result in the field of contract and elsewhere if a man were permitted to try to disown his signature simply by asserting that he did not understand that which he had signed. In Howatson v. webb, Webb's mind did not go with his pen when he signed what he thought was an ordinary conveyance, but which turned out to be a mortgage deed, nevertheless he was held liable.

  • United Dominions Trust Ltd v Western
    • Court of Appeal (Civil Division)
    • 24 Oct 1975

    I cannot accept Mr. Eady's submission that there is great difference between signing blind a completed document the contents of which one has not read and signing a printed document, as here, with the blanks for the particular transaction not filled in but agreeing to, or authorising, another to fill in those blanks and the figures later.

  • Norwich and Peterborough Building Society v Steed
    • Court of Appeal (Civil Division)
    • 05 Mar 1992

    In each of these cases the victim of a fraud had signed a document not understanding what he or she was doing. Where a fraudster has tricked, first, the signer of the document, in order to induce the signature, and then some third party, who is induced to rely on the signed document, which of the two victims is the law to prefer? The authorities indicate that the answer is, almost invariably, the latter.

  • Gallie v Lee
    • Court of Appeal (Civil Division)
    • 25 Feb 1969

    In such a case, the legal effect is one of two: Either the deed is not his deed at all ( non est factum): Or it is his deed, but it was induced by fraud or mistake ( fraud or mistake). If the deed was not his deed at all, (non est factum) he is not bound by his signature any more than he is bound by a forgery. If a person pays out money or lends money on the faith of it, not knowing of the fraud or mistake, he can rely on the document and enforce it against the maker.

  • El Nasharty v J Sainsbury Plc
    • Queen's Bench Division (Commercial Court)
    • 13 Nov 2007

    Mr Warwick submitted that an allegation that the main agreement was entered into under the influence of duress must necessarily impeach the arbitration agreement because it is an allegation that the Claimant's will was coerced, vitiating his apparent consent to the main agreement and everything in it. The case should he submitted be regarded as analogous to one of mistake or non est factum affecting the main agreement where arguably an arbitration agreement could not be relied upon.

  • Bank of Credit and Commerce International SA v Aboody
    • Court of Appeal (Civil Division)
    • 10 Nov 1988

    What notice will be requisite will depend upon the nature of the undue influence alleged. Thus, in a Class 1 case (actual undue influence), the creditor must have notice of the circumstances alleged to constitute the actual exercise of the undue influence; In a Class 2 case it must have notice of the circumstances from which the presumption of undue influence is alleged to arise.

  • Pitt and another v Holt and another; Futter and another v Futter and Others
    • Court of Appeal (Civil Division)
    • 09 Mar 2011

    It will be voidable if, and only if, it can be shown to have been done in breach of fiduciary duty on the part of the trustees. If it is voidable, then it may be capable of being set aside at the suit of a beneficiary, but this would be subject to equitable defences and to the court's discretion. The trustees' duty to take relevant matters into account is a fiduciary duty, so an act done as a result of a breach of that duty is voidable.

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Legislation
  • Stat. de Ward. &c. - Wardship Act 1300
    • UK Non-devolved
    • 1 de Enero de 1300
    ... . Statutum de Wardis et Releviis, factum Anno. 28 EDW. I. Stat. 1. A. D. 1300. CottonMS.Claudius. , D. 2. (28 Edw. 1) . VOUS devez savoir qe la ou relief est done qe illeoqes appent ......
  • Purveyance, etc. Act 1336
    • UK Non-devolved
    • 1 de Enero de 1336
    ...... super providentiis pro hospitio nostro & hospitiis consortis noftre ac liberorum nostrorum per provisores eorundem sub certa forma faciendis factum presentibus interclusum mandantes tibi prefato vicecomiti quod tam statuta predicta quam dictum articulum in pleno comitatu tuo ac in singulis locis ......
  • Stat. Wallie. - Wales Act 1284
    • UK Non-devolved
    • 1 de Enero de 1284
    ...... infortunii contigerit, veniant ad proximum Comitatum una cum Inventore & Walercheria, id est, parentela hominis interfecti, & ibi prerentent Factum felonie, casum infortunii, & modum utriusque, ita pronuntiando, quod tali die & tali loco contigit, quod talis notus aut ignotus inventus fuit ......
  • Forma Confirm. Cartarum. - Form of Confirmation of Charters Act 1285
    • UK Non-devolved
    • 1 de Enero de 1285
    ......Et si quis petat alterius factum vel donum per Dominum Regem confirmari, primo videndum est utrurn donatio, vel concessio, vel factum, vel donum, sit novum, vel antiquum a Rege ......
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Books & Journal Articles
  • DOCUMENTS SIGNED IN BLANK
    • Núm. 45-1, Enero 1982
    • The Modern Law Review
    ...... Iv. THE CONDUCT OF THE SIGNATORY Non est factum So far, the question of the signatory’s liability has not turned on the availability of the defence of non est ......
  • NOTES OF CASES
    • Núm. 9-3, Octubre 1946
    • The Modern Law Review
    ...... NOTES OF CASES NEGOTIABLE INSTBUMENTS, ESTOPPEL, NON EST FACTUM AND FICTIONS Wilson and Meeson v. Piekering, 119481 1 K.B. 422. IN Wilson and Meeson v. Piekering, [1946] 1 K.B. 422, a ......
  • NOTES OF CASES
    • Núm. 32-4, Julio 1969
    • The Modern Law Review
    ...... S. A. DE SMITH. NON EST FACTUM AND MISTAKEN IDENTITY IN June 1962 Rose Maud Gallie, who was then a widow aged seventy-eight, signed a deed which ......
  • NOTES OF CASES
    • Núm. 26-3, Mayo 1963
    • The Modern Law Review
    ...... I. BURNS CAMPBELL. NON EST FACTUM ? IN Muskham Finance, Ltd. v. Howard.' the Court of Appeal were faced with a case involving the plea of non est ......
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Law Firm Commentaries
  • Lending To Individuals
    • Mondaq UK
    ...... Non est factum. Non est factum is an ancient plea originally intended to protect illiterate persons. Nowadays, it remains available to a person who signs a ......
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