The person raising the defence of non est factum has the onus of proof.

Question

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Non est factum is a legal defence that applies when a person has signed a document under a mistaken belief as to its nature or contents. The person raising this defence has the burden of proving that the document was signed under such circumstances. This means that they must present evidence to establish that they did not understand the nature or contents of the document at the time of signing. Therefore, the onus of proof is on the person raising the defence of non est factum.

The Person Raising the Defence of Non Est Factum Has