Akibat kealpaan tersebut, Mahkamah ini menggunapakai prinsip am yang dicerakinkan melalui keputusan Mahkamah Rayuan dalam kes Lim Wen Chih & Anor v Mycom Berhad [2014] 3 MLJ 691 yang telah dirujuk dalam kes Lim Peng Hock & Anor v Chuah Peng San (Peguambela & Peguamcara, Pemilik tunggal yang beramal sebagai Tetuan Chuah, Halim & Co) & Anor [2021] MLJU 192, iaitu – [61] In the case of Lim Wen Chih & Anor v Mycom Berhad [2014] 3 MLJ 691, the Court of Appeal held, inter alia that it is a general rule that a party is normally bound by his signature on a document. The Court of Appeal referred to the case of Tan Lai Wah v First National Bank of Chicago (1984) 4 PCC 251, the Privy Council held that the burden of establishing a plea of non est factum falls on the party seeking to disown the document and that party must show that in signing the document he acted with reasonable care. Carelessness (or negligence devoid of any special, technical meaning) on the part of the person signing the document would preclude him from later pleading non est factum on the principle that no man may take advantage of his own wrong; it is not, however, an instance of negligence operating by way of estoppel. [62] The Court of Appeal further held that the principle, a person is bound by his contract regardless that he is ignorant of the language it is written in, is S/N 5z5c0hleykuEsYqOQjXgGQ well established citing Subramaniam v Retnam [1966] 1 MLJ 172;; [1965] 1 LNS 169 which referred to Ismail bin Savoosah & Ors v Hajee Ismail [1889] 4 Ky 453 at p 458 where Wood AG CJ said: “It was argued that the defendant being ignorant of the English language he is to be excused on that account from the performance of his contract, but it is to my mind clear that in the common principles which govern the law of contract, the person who contracts by a written document, whether or not he understands the language in which it is written, is bound, in the absence of fraud or misrepresentation, by the terms of that contract, as to which proposition no objection was authoritatively sustained …