Non est factum

Non est factum MEANING

Non est factum is a Latin phrase that may be translated literally as "it is not the deed." This is a defence that is accessible in contract law, and it is one way that a person may be able to avoid the repercussions of an agreement that they have signed. In order to successfully use the non est factum defence in a contract dispute, a party must demonstrate beyond a reasonable doubt that the following are true:

(a) they were under the impression that the contract was for something else;

(b) the misunderstanding about the nature of the contract was owing to a misrepresentation made by the other party to the contract; and

(c) the mistake was not discovered until after the contract was already in effect.

(d) that they did not sign the contract in a careless or in a reckless manner.

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