Non Est Factum in UK Law

  • DOCUMENTS SIGNED IN BLANK
    • No. 45-1, January 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
    • No. 9-3, October 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
    • No. 32-4, July 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 ... ...
  • Without the Power to Drink or Contract
    • No. , January 2020
    • Edinburgh Law Review
    • 26-48
    ... ... 20 Defences were few – and those that were available required the defendant to attack the validity of the deed by pleading non est factum (a denial that the document was his deed). From the fourteenth century, a successful plea of non est factum rendered a bond void rather than ... ...
  • NOTES OF CASES
    • No. 26-3, May 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 ... ...
  • Formation Of International Contracts
    • No. 42-2, March 1979
    • The Modern Law Review
    ... ... In the latter case, as when the doctrine of‘ non est factum applies, there is no consensus and the transaction is not classified as a contract. It is submitted that fraud fits into ... ...
  • Title by Registration: Rectification, Indemnity and Mistake and the Land Registration Act 2002
    • No. 76-1, January 2013
    • The Modern Law Review
    Our understanding of the system of registered title is crucial to our understanding of real property in general but there is no consensus as to the best way to interpret ‘correcting a mistake’ in S...
    ... ... Guy alleged that this transfer was voidable as it was induced by fraud or void under the rules of non est factum .T en Acres was in liquidation, b ut had secured debts of over £100,000,000 against the pr operty by means of a registered charge. Guy alleged ... ...
  • Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique and Reform
    • No. 82-5, September 2019
    • The Modern Law Review
    Parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision‐making than other persons. The principal doctrinal ba...
    ... ... Relevant remedies are also available under the law of unjust enrichment, as well as under doctrinal tags such as non est factum ... One pathway to relief – the Rule – is focused on inadequate decision-making rather than mistake, and is availab le to trust parties almost ... ...
  • A DIFFERENT APPROACH TO CHOICE OF LAW IN CONTRACT
    • No. 43-6, November 1980
    • The Modern Law Review
    ... ... at p. 603B. This would presumably also cover cases of operative mistake which, although not cases of non est factum, render the contract void. Russell L.J. left the question open (p. 605). On this question, see Libling (1979) 42 ... ...
  • Contract formation
    • Construction Law. Volume I - Third Edition
    • Julian Bailey
    • 45-123
    ... ... (ii) Economic duress 112 (iii) Mistake 114 (iv) Unconscionability 115 (v) Undue inluence 116 (vi) Fraud and illegality 117 (vii) Non est factum 123 No contract 123 ... Introduction 2.01 a contract may be described as an agreement which by law confers and imposes rights and obligations ... ...
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