''Saunders v Anglia Building Society'' UKHL 5
also known as ''Gallie v Lee'' is an English contract law">970
UKHL 5
also known as ''Gallie v Lee'' is an English contract law case in the United Kingdom. It established that in contract law the burden lies with the plaintiff to demonstrate he has not acted negligently and, that consequently, the plea of ''non est factum'' cannot normally be claimed by a person of full capacity.

Facts

Mrs Gallie, who had broken her spectacles, signed a document without first informing herself of its contents. She was lied to by her nephew's business partner, Mr Lee, that the documents were merely to confirm a gift of her house to her nephew. In fact, she signed papers allowing the nephew's business partner to grant a mortgage over the property in favour of Anglia Building Society. When the business partner defaulted on the mortgage, Anglia Building Society claimed to foreclose and repossess the House. Mrs Gallie died before the litigation reached the House of Lords, and was represented by Saunders.

Judgment

Court of Appeal

Lord Denning Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 whe ...

MR, reversing the judge’s decision, found that Mrs Gallie was out of luck. Grown literate people cannot simply get away with signing things, and not being bound.

House of Lords

The House of Lords upheld the Court of Appeal, though disapproving of the strength of Lord Denning’s criticisms. Lord Reid said the defence is unavailable for the following reasons.

971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men ...

AC 1004, 1016

Notes

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References