... which is totally different from what it actually was. Foster v. Mackinnon is a quite good example for it, where the plea of non est factum succeeded. However, in order to prevent abuse of the plea, the courts have set two restrictions: first, the mistake made by the signer must be fundamental or radical to the document he signed; and second, the signer must take reasonable care when signing the document. Regarding to the first one, the test first used in Howatson v. Webb3 showed that it was not realistic, so in Saunders v. Anglia Building Society4, the House of Lords substituted the test. The test they apply now is looking for the fundamental or radical difference between the document actually signed and what the signer believed it to be. The second test was first used in Carlisle and Cumberland Banking Co v. Bragg, CA, 1911, where the Court of ...

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