non est factum


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Related to non est factum: Non est inventus

non est factum

‘it is not the deed,’ in English law the plea that what seems to be a person's deed is not. It is usually raised when there has been a mistake as to the nature of the transaction. The courts do not accept it lightly. Where old and infirm people sign things thinking they are not legal documents, the plea is more likely to be successful.

NON EST FACTUM, pleading. The general issue in debt on bond or other specialty, and is, in form, as follows: "I and the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that the said supposed writing obligatory, (or 'indenture,' or 'articles of agreement,' according to the subject of the action,) is not his deed. And of this he puts himself upon the country." 6 Rand. Rep. 86; 1 Litt. R. 158.
     2. Though non est factum is, in most cases, the general issue in debt on specialty, yet, when the deed is only inducement to the action, the general issue is nil debet. Steph. Pl. 174, n.
     3. In covenant tlie general issue is non est factum; and its form is similar to that in debt on a specialty. Id. 174. It is, however, said, that in covenant there is, strictly speaking, no general issue, as the plea of non est factum only puts the deed in issue, as in debt on a specialty, and not the breach of covenant or any other matter of defence. 1 Chit. PI. 482. See generally, 1 Harring. R. 230; 6 Munf. R. 462; Minor, R. 103; 1 Harr. & Gill, 324; 13 John. R, 430; 12 John. R. 337; 2 N. H. Rep. 74; 4 Wend. R. 519; 2 N. & M. 492. See Issint; Special non est factum.

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III NON EST FACTUM IN THE CONTEXT OF GUARANTEES--A CRITICAL
the effect of a successful defence of non est factum on a guarantee and
between that defence and non est factum is that in the latter the actual
defence of non est factum raised by Mrs Thompson which succeeded.
the guarantor denied liability, relying on the plea of non est factum.
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important requirement in establishing the defence of non est factum is
of non est factum had been defined in the authorities which had
that the doctrine of non est factum rides between the law increasing
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document of that kind, the defence of non est factum will fail.

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