Non est factum CASES
In English law, non est factum (“it is not my deed”) is a defence allowing a person to deny responsibility for a signed document if they were fundamentally mistaken as to its nature or contents.
Definition and Principles
The defence applies narrowly, typically protecting those unable to understand the document (e.g., due to illiteracy or disability). It does not protect individuals who sign documents carelessly without proper review.
Key Case Examples
- Saunders v Anglia Building Society (Gallie v Lee) [1971]: Defence failed as the claimant understood the basic nature of the document despite deception.
- Successful claims typically involve substantial misunderstanding, not mere carelessness.
Legal Implications
- Successful use renders the document void.
- High threshold—courts reluctant to undermine the certainty of signed documents.
Practical Importance
Understanding non est factum highlights the seriousness of signing legal documents and the necessity of ensuring genuine comprehension before execution.
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An elderly woman was tricked into signing a document transferring her house, believing it was a gift to her nephew. The House of Lords rejected her plea of non est factum, holding the document was not radically different from her intention and she had been negligent. Facts Mrs Gallie, a 78-year-old widow, intended to help her nephew Parkin financially by allowing him to use her house as security for a loan. Parkin’s business associate, Mr Lee, presented Mrs Gallie with a document for signature. Mrs Gallie, who had broken her spectacles, did not read it. Lee told her it was
