Susan,who is functionally illiterate,asks her friend Jane to read a document aloud to her.She is to sign it in order to purchase chinchillas from Patricia to start a breeding farm.Actually it is a deed transferring ownership of Susan's farm to Patricia and,unknown to Susan,Patricia and Jane have made a secret agreement to sell the farm and share the proceeds.
-Since Susan did what was reasonable to deal with her own inability to read,she could raise the defence of non est factum to an action by Patricia to get possession of the farm.

Question

Quizplus · Accepted Answer

Non est factum is a defence available to a person who signed a document without knowledge of its nature and content due to their inability to read it. In this case, Susan had asked her friend Jane to read the document aloud to her and had no knowledge of the secret agreement between Jane and Patricia to sell the farm. Therefore, Susan could raise the defence of non est factum to an action by Patricia to get possession of the farm.

Susan,who Is Functionally Illiterate,asks Her Friend Jane to Read a Document