In the case ofRoyal Bank of Canada v. Gill,1988 CanLII 2970 (BC CA),,a borrower asks his father to sign a personal guarantee backing up the son's loan. The father knew that he was signing a document that gave his son a better interestrate on the loan. The father could not speak, read or write in English. The document he signed was in English. The father subsequently died, and when the son defaulted on the loan and the bank sued the father's estate, the estate defended saying that the father, when alive, did not understand the natureof the document he signed, ornon est factum.

Read the case and discuss what are the legal principlesinvolved.

Was the Court of Appeal correct here?