It seems to be generally accepted that a person who signs a contractual document may not dispute his agreement to any of the terms which it contains, unless he can establish one of three defences: (a) fraud, (b) misrepresentation, or (c) non est factum.

In 1968, the Tredegar Estate made an agreement with Mrs. Evans, aged 76, whereby Mrs. Evans was allowed to live in a cottage rent and rates free for life, the agreement calling her interest a tenancy at will. Mrs. Evans's husband had worked for the Tredegar Estate all his life and Mr. and Mrs. Evans had always occupied the cottage rent and rates free. In 1965, Mr. Evans had died and the object of the agreement clearly was to provide a home for the remaining years of Mrs. Evans's life. Some two years later, the Tredegar Estate conveyed the cottage, in fee simple, to Mr. and Mrs. Binions, the conveyance being expressly subject to the 1968 agreement in Mrs. Evans's favour. Indeed, Mr. and Mrs. Binions paid a lower price for the cottage because of the agreement. In 1971, Mr. and Mrs. Binions gave notice to quit to Mrs. Evans, then aged 79, and subsequently issued a plaint for possession in the Newport (Mon.) County Court. Not surprisingly, the action for possession failed in both the county court and the Court of Appeal.