Egbase V Oriareghan (1985) Effect Of Non Est Factum On Contract
Man is by nature a social animal. An individual who is unsocial naturally and not accidentally is either beneath our notice or more than human.
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rnAnyone 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.1
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rnThis quote by Aristotle poignantly points out the fact that interactions with ourselves as human beings is a must, and the need for this interactions often lead to the necessity of an agreement based on a contract. However, owing to human foibles, there are times when this
rnagreement is different from the intention either party had as regards the contract.
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rnThis study therefore examines the effect that law, especially the doctrine of NON EST FACTUM has on a contract.
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rnIt further examines the principle of MISTAKE which is a precursor to NON EST FACTUM, the effect of consent, which is central to the world of contracts and most especially the plea of NON EST FACTUM.
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rnIt also takes a look at its applicability in criminal cases and whether or not the plea itself can be used as a sword or a shield by either party.
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rnFinally, this essay gives recommendations as to how the plea of NON EST FACTUM can be improved upon.