NON EST FACTUM Meaning and
Definition
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Non est factum is a Latin legal term with an approximate translation as "it is not my deed." It is a common law defense used in contract disputes, particularly in cases where a party claims that they should not be bound by the terms of a contract due to a fundamental mistake or misunderstanding regarding the nature and content of the agreement.
This defense asserts that the document or agreement in question is so fundamentally different from what the party believed they were signing that it cannot be considered their deed or act. It often involves situations where a person is induced to sign a contract under misleading or false representations, resulting in a contract that does not reflect their intended or understood agreement.
To successfully invoke non est factum, the defending party must establish that there was a fundamental mistake, such as being deceived about the nature of the document, its terms, or the overall context surrounding the agreement. They must demonstrate that they exercised reasonable care and diligence but were nonetheless misled through fraud, duress, or other unconscionable conduct.
While non est factum can be a powerful legal defense, courts treat it with caution and require strict evidence to establish its validity, as it can potentially undermine the stability and predictability of contracts. This defense provides an important safeguard to protect parties from being bound by agreements that they did not fully understand or consent to.
Common Misspellings for NON EST FACTUM
- bon est factum
- mon est factum
- jon est factum
- hon est factum
- nin est factum
- nkn est factum
- nln est factum
- npn est factum
- n0n est factum
- n9n est factum
- nob est factum
- nom est factum
- noj est factum
- noh est factum
- non wst factum
- non sst factum
- non dst factum
- non rst factum
- non 4st factum
- non 3st factum
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