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Non est factum (Latin for "it is not [my] deed") is a defence in contract law that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign".[1] A claim of non est factum means that the signature on the contract was signed by mistake, without knowledge of its meaning. A successful plea would make the contract void ab initio.[2]
According to Saunders v Anglia Building Society [1971] AC 1004,[3] applied in Petelin v Cullen [1975],[2] the strict requirements necessary for a successful plea are generally that:
Non est factum is difficult to claim as it does not allow for negligence on the part of the signatory; i.e. failure to read a contract before signing it, or carelessness,[2]: para 12 will not allow for non est factum. Furthermore, the Court has noted that there is a heavy onus that must be discharged to establish this defence as it is an "exceptional defence".[1][2]: 359–60
Petelin v Cullen
was invoked but never defined (see the help page).