Vitiation of Contractual Consent by Peter Macdonald Eggers

Author:Peter Macdonald Eggers
Language: eng
Format: epub
Publisher: Informa Law from Routledge

Byles, J held that this principle applied to all written contracts and, although recognising that negotiable instruments such as a bill of exchange should be more immune to invalidating principles, even such a document must yield to the defence of non est factum. Byles, J described in picturesque terms the complete lack of consensus to such a contract where it is signed without any real appreciation of what is being signed, and indeed in the belief that it is something entirely different:

“the defendant … never intended to indorse a bill of exchange at all, but intended to sign a contract of an entirely different nature. It was not his design, and, if he were guilty of no negligence, it was not even his fault that the instrument he signed turned out to be a bill of exchange. It was as if he had written his name on a sheet of paper for the purpose of franking a letter, or in a lady’s album, or on an order for admission to the Temple Church, or on the fly-leaf of a book, and there had already been, without his knowledge, a bill of exchange or a promissory note payable to order inscribed on the other side of the paper.”

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