Sunjai, who is functionally illiterate, asks her friend Hahna to read a document aloud to her. She is to sign it in order to purchase chinchillas from Patrice to start a breeding farm. Actually it is a deed transferring ownership of Sunjai's farm to Patrice and, unknown to Sunjai, Patrice and Hahna have made a secret agreement to sell the farm and share the proceeds. If Sunjai is successful in her defence of non est factum, the courts will grant rectification of the deed transferring the land, and Sunjai will be able to keep the farm.

Question

Quizplus · Accepted Answer

Non est factum is a defense that allows a person to avoid a contract because they were mistaken about its nature and did not truly understand what they were signing. If Sunjai successfully argues non est factum, the court would not grant rectification of the deed (which corrects errors to reflect the true agreement of the parties) but would likely declare the contract void from the outset, meaning the deed transferring the land to Patrice would be considered invalid, and Sunjai would retain ownership of the farm without needing rectification.

Sunjai, Who Is Functionally Illiterate, Asks Her Friend Hahna to Read