31 Oct 2013
RADIUS RESIDENTIAL CARE LIMITED v KRISHNA [2013] NZHC 2886
- Citation
- [2013] NZHC 2886
- Court
- High Court
No enforceable contract existed between Radius and Nigel because Nigel lacked capacity and there was no acceptance; although the guarantor clause could treat Mrs Krishna as a principal, the defence of non est factum succeeded on the facts because she signed believing she was signing a simple admission/administrative form and not a contract obliging her to pay residential care fees, so she was not liable; appeal dismissed.