Mr. Frank, a foreman supervising some 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 person claims that they signed a document without understanding its nature and contents. In this case, Mr. Frank was asked to sign a form requesting additional supplies, but his secretary switched it with a cheque payable to herself. Since Mr. Frank did not understand the nature and contents of the document he was signing, he can use the defense of non est factum to argue that the cheque is invalid.

Mr Frank, a Foreman Supervising Some 43 Employees, Was Asked