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Krishna,a neighbour of Dominic,wished to borrow a sum of money from a local bank.Dominic was quite wealthy,but elderly,with very poor eyesight.He frequently requested Krishna to read his newspaper to him when Krishna would drop by for a visit,because reading bothered his eyes.One evening,Krishna placed a paper before Dominic,and explained to him that he wished to borrow a sum of money,but required a letter of reference before the bank would make the loan.She requested Dominic to sign the paper to satisfy this requirement.Dominic trusted his friend Krishna,and signed the paper without reading it.Unknown to Dominic,the paper was a guarantee of Krishna's indebtedness,and not a letter of reference.Krishna later defaulted on her debt.
-If Krishna had told Dominic that the paper was a guarantee for $1,500 when it was in fact for $2,000,D could still successfully plead non est factum as a defence.
Leave the Field
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