EGBASE V. ORIAREGHAN (1985): THE EFFECT OF NON EST FACTUM ON CONTRACT
Abstract
Slan is by nature a social animal. An individual who is unsocial naturally and not accidentally is either beneath our notice or more than human... Anyone who either cannot lead the common life or is so self-sufficient as not to need to, and therefore does not partake of the society, is either a beast or a god. This quote by Aristotle poignantly points out the fact that interactions with ourselves as human beings is a must, and the red for these interactions often lead to the necessity of an agreement based on a contract. The principle of "non est factum" holds significant implications within contract law representing a fundamental doctrine that challenges the formation and enforceability of contractual agreements. This final year project delves into the multifaceted dynamics grounding the application of non est factum in contractual contexts. Through a comprehensive examination of relevant legal frameworks, case law analyses, and scholarly perspectives, this study aims to elucidate the intricate interplay between non est factum and contractual relationships. The research endeavors to explore various scenarios where non est factum may arise, including instances of mistake and assess its on contract validity, enforceability and remedies. Moreover, the project seek to evaluate the jurisprudential evolution of non est factum, considering its historical origin, contemporary interpretations and potential future developments. Hence by Ging critical insights into the effect of non est factum on contracts, this study to the broader understanding of contract law principles and provides valuable for legal practitioners, scholars and policymakers in ensuring fairness and in commercial dealings.
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