Does this doctrine reduce commercial certainty and security

Assignment Help Business Law and Ethics

Reference no: EM133455009

Assignment:

The landlord brought an action against the defendant, Su-Chen Wu Yang , as guarantor on a commercial lease. The defendant, as the director and shareholder of the tenant corporation, admitted she had signed the lease as co-covenantor, but relied on non est factum, asserting that her interpreter told her that the lease did not contain a personal guarantee.

The defence succeeded because the defendant had constantly taken the position that she did not want to provide a personal guarantee and had been assured she was not assuming any personal liability under the lease. The landlord was careless in relying on the translator to communicate its position on a critical term in the lease to a non-English signatory, and the landlords actions on the guarantee was dismissed.

Should a person who signs a contract be able to raise non est factum? Does this doctrine reduce commercial certainty and security? should courts simply require individuals to bear more responsibility for their own mistakes?

Reference no: EM133455009

Questions Cloud

What is process for obtaining a default judgment in illinois : What is the process for obtaining a default judgment in Illinois?

What is the tragedy of the commons : What is the tragedy of the commons? Give an example of how it applies to today's concerns about our environment.

Challenge the law under the canadian charter of rights : George's case was dismissed at the highest appeal level in Ontrio. George is passionate about this topic and feels that decision of the court was not correct.

Discuss an example where the risk of loss is on the buyer : In your initial post, provide an example of products purchased for a business where the risk of loss is on the seller.

Does this doctrine reduce commercial certainty and security : Should a person who signs a contract be able to raise non est factum? Does this doctrine reduce commercial certainty and security?

What is a credit sales agreement : What is the difference between a credit sales agreement and conditional sales agreement/contract explain in detail with examples?

Explain hostile takeovers : Applicable Laws, Regarding corporate ownership changes, define and explain hostile takeovers?

What does remoteness of damages mean : Provide a detailed example of a commercial situation where damages will likely be considered remote.

How can information from swot analysis be used in developing : How can information from the SWOT analysis be used in developing and launching the new product or service line of Walmart?

User Account

All Pages