The longer Adolph stayed on this job, the more he hated it. He thought the boss was too demanding. He especially disliked being reprimanded for being late. One afternoon, he was asked by a secretary to take a letter to the boss for his signature. The boss had had an eye operation and was recuperating at home. Adolph got two signatures, one on the letter and one on a note promising to pay Adolph $1,000 in consideration for services rendered. The boss was not careless, but couldn't read the papers. What plea or argument, if any, could the boss use to avoid paying on the promissory note?
A) Rectification
B) Unconscionability
C) Non est factum
D) Shared mistake
E) Duress

Question

Quizplus · Accepted Answer

The boss could argue non est factum or "it is not my deed." This defense is available when the signer was mistaken as to the nature or contents of the document, and did not intend to sign the document that they ultimately signed. In this case, the boss had an eye operation and could not read the papers, thus he may not have intended to enter into a promissory note.

The Longer Adolph Stayed on This Job, the More He