Len was behind in his work at the office.He decided to go in for a few hours on Sunday to catch up.He asked a secretary to come in for four hours.He turned on his office TV.Just then,his secretary came in and asked him to sign four letters that she said concerned general office matters.He carelessly signed them without taking his eyes off the TV screen.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 instructed his bank not to honour it.He said that he had been tricked and that his signing it was a big mistake.On these facts,which of the following is true?
A)Undue influence would be Len's best defence on these facts.
B)Because Len did not know what he was signing,he cannot be held liable.
C)Len could avoid his obligation on the cheque on the basis of duress.
D)Len could avoid his obligation on the cheque on the basis of unconscionability.
E)Len's carelessness in failing to read what he was signing will likely defeat any claim of non est factum.

Question

Quizplus · Accepted Answer

Len's carelessness in failing to read what he was signing will likely defeat any claim of non est factum. Non est factum is a defence that allows a party to avoid a contract if they can prove that they signed the contract under a fundamental mistake as to its character, nature, or contents. However, Len's failure to read the document before signing it shows that he did not exercise reasonable care, and therefore he cannot rely on this defence.

Len Was Behind in His Work at the Office