To avoid a contract on the basis of non est factum, the mistake must have gone to the entire nature of the agreement, not just some aspect of it.

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Non est factum is a defense used when a person signs a document mistakenly believing it to be fundamentally different in nature from what it actually is. For the defense to succeed, the mistake must relate to the entire nature of the agreement, not merely to some aspect of it.

To Avoid a Contract on the Basis of Non Est