12. Mistake as to the nature, character or effect of a document or transaction.

(3)     Mistake of Fact

(i)     Mistake as to Nature of Transaction

12.     Mistake as to the nature, character or effect of a document or transaction.

A mistake as to the nature, character or effect of a document or other transaction may entitle a party to it to raise the plea of non est factum1. The test is whether the document is fundamentally different in nature, character or effect from that which the party intended to sign2. It is a subjective test3, but the party relying on the plea must not have