Your car dealer hands you documents for your signature, "the paperwork on the deal" you have just shaken hands on. Among the papers is an undiscussed extended warranty plan. You sign all the documents where the dealer so indicated. You first become aware of the warranty when its cost is automatically debited from your chequing account. Your successful defence to further payments will be non est factum.

Question

Quizplus · Accepted Answer

Non est factum is a defense used when the signing party was mistaken about the nature of the document due to misrepresentation or lack of understanding, not when they failed to read the document. In this case, the signer's failure to read or notice the extended warranty in the documents they signed does not typically qualify for non est factum, as the defense requires a fundamental misunderstanding of the document's nature, not merely an oversight of its contents.

Your Car Dealer Hands You Documents for Your Signature, "The