A partially blind elderly lady is tricked into signing a contract for expensive repairs to the roof of her house.She believed she was signing an approval for the roof to be inspected.Under common law if she wants to avoid the contract she will have to rely on:

Question

Quizplus · Accepted Answer

Non est factum is a defense that can be used by a party who has signed a contract under a fundamental mistake. In this case, the elderly lady was tricked into signing a contract under the mistaken belief that she was signing a document for a roof inspection, not expensive repairs. As she was partially blind, she would not have been aware of the true nature of the document she was signing. Therefore, she can use the defense of non est factum to avoid the contract. Choice A) mutual mistake and choice D) common mistake are not applicable in this scenario as the mistake was made by one party only. Choice B) non podere credere is not a recognized defense under common law.

A Partially Blind Elderly Lady Is Tricked into Signing a Contract