Documents Mistakenly Signed

Question 1

documents mistakenly signed

Answer 1

• A third party mistakenly signs a document based on misinformation from B, a rogue.
• Typically, the objective theory of contract tells us that a signature = a contract
• But, there is an exception: non est factum, where we say the hand and the mind of the person are disconnected
• Person X cannot enforce the contract against A because they did not really sign the contract, even though X is an innocent third party.
• It’s as if the document was never really signed

Question 2

when is non est factum available (Foster v. Mackinnon)?

Answer 2

1. A blind man, or a man who cannot read, or who, for some reason (not implying carelessness) forgot to read; or
2. Someone falsely read the contract to someone else; or
3. Someone led someone else to sign a document that is extremely different than the nature of the contract he thought he was signing; or
4. The mistake was not caused by carelessness

Question 3

when can x estop a from using non est factum?

Answer 3

X can estop A from using non est factum where there is carelessness, or the case does not meet one of the four requirements.

Question 4

Foster v. Mackinnon

Answer 4

The Court enforced non est factum because the defendant was misled as to the nature of the contract he thought he was signing

Question 5

Marvco Colour Research v. Harris

Answer 5

Carelessness bars the defence of non est factum. The party who, by application of reasonable care, was in a position to avoid a loss should bear the loss.