Non est factum is based not only on the principle of placing loss on the person guilty of carelessness,but also upon recognition of the need for certainty and security in commerce.For these reasons,the application of the principle
A)must always result in the enforcement of the contract.
B)must always result in the unenforceability of the contract.
C)must depend on the circumstances of each case.
D)needs to be decided by a jury.
E)because of its equitable nature,needs to be decided by a judge alone.

Question

Quizplus · Accepted Answer

The application of non est factum depends on the circumstances of each case rather than being a strict rule that always leads to either enforcement or non-enforcement of the contract. This allows for flexibility in determining whether the principle should be applied and ensures that the outcome is fair and just in each individual case.

Non Est Factum Is Based Not Only on the Principle