Can a written agreement be avoided by pleading non est factum?

Newfoundland and Labrador, Canada


The following excerpt is from Matchim v. Bgi Atlantic Inc., 2010 NLCA 9 (CanLII):

In Philpott et al v. Sullivan, a case involving a dispute over ownership of a crab fishing licence, the issues were whether a written agreement between the parties reflected the true bargain reached by the parties and whether one party could avoid her obligations because of a lack of independent legal advice or because the agreement was contrary to public policy. Orsborn J. held that the written agreement could not be avoided by pleading non est factum, unconscionability or public policy. Orsborn J. also commented, in a concluding paragraph of his judgment, on the defendant’s assertion that she was entitled to “unpaid bonus money”. He wrote:

Other Questions


When pleading bad faith or abuse of power, does it need to set out the facts of the pleading? (Newfoundland and Labrador, Canada)
Can an oral agreement be rescinded if it is not in writing? (Newfoundland and Labrador, Canada)
Is a collective agreement enforceable in common law? (Newfoundland and Labrador, Canada)
What is the test for a motion to strike a pleading? (Newfoundland and Labrador, Canada)
What are the implications of language in commercial agreements? (Newfoundland and Labrador, Canada)
What is the test to prove that proper diagnosis and treatment would have avoided the unfavourable outcome? (Newfoundland and Labrador, Canada)
In a development agreement, is arbitration an appropriate mechanism for resolving disputes between the developer and the developer? (Newfoundland and Labrador, Canada)
Can an agreement be reduced to writing? (Newfoundland and Labrador, Canada)
What is the test for pleading in a defamation case? (Newfoundland and Labrador, Canada)
What is the test for pleading and proving in a personal injury case? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.