non est factumn.

Brit.

/ˌnɒn ɛst ˈfaktəm/, U.S.

/ˈˌnɑn ˌɛst ˈfækt(ə)m/

Origin: A borrowing from Latin. Etymon: Latin non est factum.

Etymology: < post-classical Latin non est factum it was not done < classical Latin nōn not (see non- prefix) + est factum it is done, impersonal perfect passive indicative of facere to do (see fact n., int., and adv.).

Law.

1. A plea that the alleged maker of a legal instrument (instrument n. 2b) did not in fact make it.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > denial or contradiction > where a man denies a deed to be his

non est factum1607

1573 R. Brooke Graund Abridgement ii. f.96^v (heading) Non est factum.]

1607 J. Cowell Interpreter sig. Yy4/1 Non est factum, is an aunswer to a declaration, whereby a man denyeth that to be his deed, whereupon he is impleaded.

1712 J. Arbuthnot Lewis Baboon iv. ii. 8 To Esquire South for post Terminums To ditto for Non est Factums.

1824 H. J. Stephen Treat. Princ. Pleading 176 In Debt on speciality, and in Covenant, the general issue, non est factum, denies that the deed mentioned in the declaration, is the deed of the defendant.

1850 Southern Q. Rev. Apr. 14 To set aside judgments by default in many cases, on pleading non est factum.

1949 C. H. S. Fifoot Hist. & Sources Common Law Tort & Contract x. 232 The one plea which a defendant might oppose with efficacy was to deny that it was his—non est factum.

1974 Halsbury's Laws Eng. IX. 162 The ancient common law defence of non est factum..originally appeared as a defence by one who could not read.

2. A plea that a person's signature to a document is invalid because he or she was induced to sign by fraud or misrepresentation; a denial of the legal validity of a document on the grounds of fraud or misrepresentation.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > plea in bar > specific

non-tenure1528

common bar1648

non est factum1832

1832 C. Crompton & J. Jervis Reports I. 313 Where duress or threats are the defence, there is authority upon authority that they cannot be given in evidence upon non est factum.

1882 Law Rep.: Chancery Div. 20 626 If the deed is to be treated as a forgery such that non est factum could be successfully pleaded,..we must fail.

1952 D. L. McDonnell & J. G. Monroe Kerr on Fraud & Mistake 447 If a man knows that the deed is one purporting to deal with his property and he executes it, it is not sufficient for him in order to support a plea of non est factum to show that a misrepresentation was made to him as to the contents of the deed.

1986 M. P. Furmston Cheshire, Fifoot & Furmston's Law of Contract (ed. 11) 252 The plea of non est factum will not avail a man who signs a bill of exchange for £10,000 having been told that it is for £100, since he fully appreciates the character of the document.

1992 J. C. Smith Smith & Thomas' Casebk. Contract 138 Notwithstanding his negligence, Bragg successfully pleaded non est factum against the bank which had advanced money in reliance on his signature.

This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022).

单词	non est factum
释义	non est factumn. Brit. /ˌnɒn ɛst ˈfaktəm/, U.S. /ˈˌnɑn ˌɛst ˈfækt(ə)m/ Origin: A borrowing from Latin. Etymon: Latin non est factum. Etymology: < post-classical Latin non est factum it was not done < classical Latin nōn not (see non- prefix) + est factum it is done, impersonal perfect passive indicative of facere to do (see fact n., int., and adv.). Law. 1. A plea that the alleged maker of a legal instrument (instrument n. 2b) did not in fact make it. ΘΚΠ society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > denial or contradiction > where a man denies a deed to be his non est factum1607 1573 R. Brooke Graund Abridgement ii. f.96^v (heading) Non est factum.] 1607 J. Cowell Interpreter sig. Yy4/1 Non est factum, is an aunswer to a declaration, whereby a man denyeth that to be his deed, whereupon he is impleaded. 1712 J. Arbuthnot Lewis Baboon iv. ii. 8 To Esquire South for post Terminums To ditto for Non est Factums. 1824 H. J. Stephen Treat. Princ. Pleading 176 In Debt on speciality, and in Covenant, the general issue, non est factum, denies that the deed mentioned in the declaration, is the deed of the defendant. 1850 Southern Q. Rev. Apr. 14 To set aside judgments by default in many cases, on pleading non est factum. 1949 C. H. S. Fifoot Hist. & Sources Common Law Tort & Contract x. 232 The one plea which a defendant might oppose with efficacy was to deny that it was his—non est factum. 1974 Halsbury's Laws Eng. IX. 162 The ancient common law defence of non est factum..originally appeared as a defence by one who could not read. 2. A plea that a person's signature to a document is invalid because he or she was induced to sign by fraud or misrepresentation; a denial of the legal validity of a document on the grounds of fraud or misrepresentation. ΘΚΠ society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > plea in bar > specific non-tenure1528 common bar1648 non est factum1832 1832 C. Crompton & J. Jervis Reports I. 313 Where duress or threats are the defence, there is authority upon authority that they cannot be given in evidence upon non est factum. 1882 Law Rep.: Chancery Div. 20 626 If the deed is to be treated as a forgery such that non est factum could be successfully pleaded,..we must fail. 1952 D. L. McDonnell & J. G. Monroe Kerr on Fraud & Mistake 447 If a man knows that the deed is one purporting to deal with his property and he executes it, it is not sufficient for him in order to support a plea of non est factum to show that a misrepresentation was made to him as to the contents of the deed. 1986 M. P. Furmston Cheshire, Fifoot & Furmston's Law of Contract (ed. 11) 252 The plea of non est factum will not avail a man who signs a bill of exchange for £10,000 having been told that it is for £100, since he fully appreciates the character of the document. 1992 J. C. Smith Smith & Thomas' Casebk. Contract 138 Notwithstanding his negligence, Bragg successfully pleaded non est factum against the bank which had advanced money in reliance on his signature. This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022). < n.1607
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