Len's new secretary came in and asked him to sign four letters that she said concerned general office matters.One of the "letters" was,in fact,a cheque for $500,payable to the secretary.The secretary cashed the cheque at her bank,and when her bank presented the cheque for payment,Len refused to pay it.He said he had been tricked and it was all a mistake.On these facts,which of the following is true?
A) He may be able to avoid his obligation on the cheque on the basis of non est factum.
B) He would be obligated to honour the cheque no matter how careful he was.
C) He may be able to avoid his obligation on the cheque on the basis of duress.
D) He may be able to avoid his obligation on the cheque on the basis of unconscionability.
E) Even if he was careless, he will not have to honour the cheque.

Question

Quizplus · Accepted Answer

Non est factum is a legal term meaning "it is not my deed," which is used as a defense in contract law to claim that a signed contract is void because it was signed under false pretenses. In this case, Len could argue that he did not understand the true nature of the document he was signing, as he believed it to be a general office letter and not a cheque for $500 payable to his secretary. Therefore, he may be able to avoid his obligation on the cheque on the basis of non est factum.

Len's New Secretary Came in and Asked Him to Sign