Wes, a neighbour of Stan, wished to borrow a sum of money from a local bank. Stan was quite wealthy, but elderly, with very poor eyesight. He frequently requested Wes to read his newspaper to him when Wes would drop by for a visit, because reading bothered his eyes. One evening, Wes placed a paper before Stan, and explained to him that he wished to borrow a sum of money but required a letter of reference before the bank would make the loan. He requested Stan to sign the paper to satisfy this requirement. Stan trusted his friend Wes and signed the paper at his request without reading it. Unknown to Stan, the paper was a guarantee of Wes's indebtedness, and not a letter of reference. Wes later defaulted on his debt. Stan may plead non est factum as a defence to a claim by Wes's creditor on the guarantee.

Question

Quizplus · Accepted Answer

Stan may plead non est factum because he signed the document under the belief that it was a letter of reference, not understanding it was a guarantee due to his poor eyesight and reliance on Wes's explanation.

Wes, a Neighbour of Stan, Wished to Borrow a Sum