Mr.Frank,a foreman supervising 43 employees,was asked by his secretary to sign a form requesting additional supplies needed on the factory floor.He was not careless when he examined the form,but his secretary had cleverly arranged the signature line so that instead of signing a request for supplies,he signed a cheque payable to his secretary.What plea,if any,would be used to defend against her action on the cheque?

Question

Quizplus · Accepted Answer

Non est factum is a legal defense used when a signature is obtained through fraud or misrepresentation. In this case, the foreman did not intend to sign a cheque, but rather a request for supplies. Therefore, he could argue that he did not understand the nature of the document he was signing and that his signature was obtained through fraud, making the cheque null and void.

MrFrank,a Foreman Supervising 43 Employees,was Asked by His Secretary to Sign