Legal Definitions - nient le fait

Nient le fait is a historical legal term from Law French that translates to "not the deed." It refers to a defense used in situations where a person who signed a document claims that the document is not legally binding on them because they fundamentally misunderstood its nature or character at the time of signing. This defense was typically invoked when someone was tricked or misled into signing a document that was completely different from what they believed it to be, often due to fraud, misrepresentation, or their own disability (such as illiteracy or blindness). It is an older concept that is similar to the modern defense of non est factum.

Here are some examples illustrating how this historical defense might have applied:

• Example 1: Illiteracy and Deception

  Imagine a tenant farmer in the 16th century who cannot read or write. His landlord presents him with a document, claiming it is a simple renewal of his tenancy agreement with no changes, and asks the farmer to make his mark (an "X") on it. Trusting his landlord, the farmer complies. Unbeknownst to the farmer, the document is actually a contract selling a significant portion of his crops to the landlord at a heavily discounted price for the next five years.

  Explanation: If the farmer later discovered the true nature of the document, he could historically raise the defense of nient le fait. He would argue that the contract for selling his crops was "not his deed" because he never intended to sign such an agreement and was fundamentally misled about the document's character, believing it to be a mere tenancy renewal.

• Example 2: Visual Impairment and Misrepresentation

  Consider an elderly, visually impaired noblewoman in the 17th century who relies on her steward to manage her estates. The steward presents her with a document, telling her it is a routine authorization for minor repairs to one of her cottages. Trusting her steward, she signs it. In reality, the document is a legal deed gifting a valuable piece of her land to the steward's family.

  Explanation: The noblewoman could invoke nient le fait. Her defense would be that the deed of gift was "not her deed" because she was deceived about the document's fundamental purpose. She believed she was signing an administrative authorization for repairs, not a transfer of valuable property, and her visual impairment prevented her from verifying the document's true nature.

• Example 3: Trickery Regarding Document Type

  Suppose a busy merchant in a medieval town is asked to sign a document by a competitor, who claims it is merely a petition to the local council for improved market conditions, which the merchant supports. The merchant signs it quickly without reading, as he is preoccupied. However, the document is actually a binding agreement to cease trading in a specific lucrative commodity for a period of five years, a condition he would never have knowingly accepted.

  Explanation: The merchant could argue nient le fait. He would claim that the agreement to cease trading was "not his deed" because he was tricked into signing a document of a completely different character than what he understood it to be (a petition versus a restrictive trade agreement). His consent was to a civic act, not a significant contractual obligation that would harm his business.