A signatory may rely on the defence of non est factum only if:
Non est factum ('this is not my deed') can excuse a signatory where the document signed was fundamentally different in character or effect from what he intended AND the mistake was not caused by his own carelessness. Fraud is not a required element (though often present), and carelessness defeats the defence.
A careless signer who signs without checking cannot use non est factum; fraud is common in such cases but is not a requirement.
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