Asked by
jheremy anicete
on Nov 10, 2024
Verified
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 principle, if any, would be used to defend against her action on the cheque?
A) Mistake
B) Illegality of object
C) Rescission
D) Non est factum
E) Rectification
Non Est Factum
A plea asserting that an agreement is void because the signer was unaware of its essence due to deception or misunderstanding.
Illegality of Object
Refers to a principle in contract law that prohibits the enforcement of agreements that involve an illegal purpose or object.
Rescission
The legal act of cancelling or annulling a contract, returning all involved parties to their state prior to the contract's formation.
- Identify the consequence of invoking non est factum in the annulment of contractual duties.
Verified Answer
AM
Learning Objectives
- Identify the consequence of invoking non est factum in the annulment of contractual duties.