A deed bearing a false signature is a forgery and creates no rights at all. ‘If the deed was not his deed at all (non est factum), he is not bound by his signature any more than he is bound by a forgery. The document is a nullity just as if a rogue had forged his signature. No one can claim title under it, not even an innocent purchaser who bought on the faith of it, nor an innocent lender who lent his money on the faith of it. No matter that this innocent person acted in the utmost good faith, without notice of anything wrong, yet he takes nothing by the document.’
Judges:
Denning Mr Lord Justice Phillimore
And
Lord Justice Megaw
Citations:
[1969] 2 Ch 17 (CA)
Jurisdiction:
England and Wales
Cited by:
Cited – Norman Hudson v Shogun Finance Ltd CA 28-Jun-2001
A rogue had purchased a car, using a false name to obtain finance. He had then sold it to the defendant. The finance company claimed the car back.
Held: The dealer had not taken all the steps he might have done to check the identity of the . .
Appeal from – Gallie v Lee HL 1971
Lord Wilberforce said that the principles of non est factum are designed to protect also innocent third parties who may rely upon a document signed apparently correctly. . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 23 March 2022; Ref: scu.188411