However, section 56 of the Consumer Credit Act 1974

his signature. The first is where he can plead non est factum. This plea will succeed where he can show two things: that he was radically mistaken about the nature or effect of the document that he was not careless in signing it, Saunders v. Anglian Building Society. The mistake in Mercantile Credit v. Hamblin would not have been sufficiently radical to justify a plea of non est factum. The hire purchase proposal (i.e. involving the sale of the car by the trader to the finance company and the re-acquisition of the car by Mrs. Hamblin on hire purchase terms) was not radically different in substance from a loan on the security of the car. The second exception could arise in a Mercantile Credit v. Hamblin type of situation. It would arise if the motor trader were the agent of the finance company in dealing with the customer. At common law the dealer is not normally the agent either of the finance company or of the customer. However, section 56 of the Consumer Credit Act 1974 now makes him in most cases

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