Accg614 - week3

1 a representaon is a statement of fact made by one

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Unformatted text preview: understanding of a document. –  The signer must show that the document signed is essen=ally or fundamentally different from what they thought it was and that their failure to read the document was not due to carelessness on their part (Foster v. Mackinnon (1869) – old man with bad sight). –  Language or interpreta=on issues are usually Non est factum issues 12 Non est factum –  There are only two groups of persons who can raise the defence: •  those who are unable to read owing to blindness or illiteracy and who must rely on others for advice as to what they are signing; and •  those who through no fault of their own are unable to understand the meaning of a par=cular document (cannot read the language). –  If there is no consent because of this issue the contract is void 13 Types o...
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