The longer Adolph stayed on his job, the more he hated it. He thought his boss was too demanding. He especially disliked being reprimanded for being late. One afternoon, he was asked by a secretary to take a letter to his boss for his signature. His boss had had an eye operation and was recuperating at home. Adolph got two signatures, one on the letter and one on a note promising to pay Adolph $1000 in consideration for services rendered. His boss was not careless, but couldn't read the papers. What plea or argument, if any, could his boss use to avoid paying on the promissory note?
A) Duress
B) Unconscionability
C) Shared mistake
D) Non est factum
E) Rectification

Question

Quizplus · Accepted Answer

Non est factum is a defense that can be used when a person signs a document without understanding its nature due to a significant mistake or misrepresentation. In this case, Adolph's boss could not read the papers due to his eye operation, which could allow him to argue that he did not understand he was signing a promissory note.

The Longer Adolph Stayed on His Job, the More He