Humber/Ontario Real Estate Course 1 Exam Practice

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Prepare for the Humber/Ontario Real Estate Course 1 Exam with our comprehensive quiz. Test your understanding with multiple choice questions and detailed explanations. Build confidence and knowledge for a successful exam experience!

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Gerard's illiterate father mistakenly signed a mortgage guarantor agreement while thinking it was a gift acknowledgment. What is this situation best described as?

Void for lacking legal capacity
Void due to a lack of lawful object
Non-enforceable due to lack of clarity
Potentially voidable under non est factum
Invalid due to misunderstanding
Unenforceable under contract law

The correct answer is: Potentially voidable under non est factum

The situation described in the question, where Gerard's illiterate father mistakenly signed a mortgage guarantor agreement while thinking it was a gift acknowledgment, best fits the concept of being potentially voidable under non est factum. Non est factum is a legal doctrine that can render a contract voidable if a party can prove that they signed the agreement under a fundamental mistake as to its nature or terms. In this case, Gerard's father's illiteracy and misunderstanding of the document as a gift acknowledgment rather than a mortgage guarantor agreement could potentially lead to the contract being voidable under non est factum. This choice is the most suitable as it accurately reflects the legal concept applicable to the given situation.