What Must an Innocent Party to a Contract Show in Order

question 80

Essay

What must an innocent party to a contract show in order to rely on the defence of non est factum?

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Definitions:

Order for Relief

A court order that formally begins the process of providing legal relief to a debtor in a bankruptcy case, offering protection from creditors.

Bankruptcy Petitioner

An individual or entity that initiates a bankruptcy case by filing a petition in bankruptcy court.

Secured Creditors

Creditors that hold a claim against assets or collateral provided by the debtor to secure the obligation of repayment.

Unsecured Creditors

Creditors who have lent money without taking any collateral, meaning they have no specific claims on assets of the debtor in case of default.