Sentences with phrase «est factum»

That is because what they were signing was not properly explained to them and the doctrine of «non est factum» succeeded.

The trial judge correctly identified the governing legal principles and did not err in giving way to the appellants» non est factum defence.

Keywords: Contracts, Real Property, Mortgages, Defences, Non Est Factum, Duress, Unconscionability, Gifts, Summary Judgment

The issues included whether the defendants would be entitled to refuse to indemnify the bank under cl 2 (c) in different circumstances such as when the personal injury claimant did not exist, his signature was forged, or the loan agreement was void under the principle of non est factum.

Recent litigation includes acting for a receiver in a claim to recover possession from trespassers and mortgagors; acting for a claimant in a trial to establish a prescriptive right to park; acting for a former cohabitee in a claim for a beneficial interest of property under TOLATA; acting in a claim for an injunction and damages in respect of trespass and nuisance; acting for a mortgagee in a contested mortgage possession claim defended on the grounds of undue influence, non est factum and unconscionable bargain; acting for a defendant in a claim for damages for unlawful eviction; and acting for a landlord in a claim for renewal of a business tenancy.

Any person who fails to exercise reasonable care in signing a document is precluded from relying on non est factum as against a person who relies upon that document in good faith and for value.

Non est factum is such a term, in my view.

Do you think I could apply for the defense for Non Est Factum?

Non Est Factum isn't a reason for forgiveness, but could be a lawsuit potentially.

Not exact matches

a) empirical facts (often deliberately created by experiment and planned observation, as the term factum est implies)

As it is used to be said by us, Contra factum non est argumentum.