12What is a sound mind for the purposes of contracting
A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.
A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind.
A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.
Illustrations
(a) A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals.
(b) A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.
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- 10 What agreements are contracts
- 11 Who are competent to contract
- 12 What is a sound mind for the purposes of contracting
- 13 "Consent" defined
- 14 "Free consent" defined
- 15 "Coercion" defined
- 16 "Undue influence" defined
- 17 "Fraud" defined
- 18 "Misrepresentation" defined
- 19 Voidability of agreements without free consent
- 19A Power to set aside contract induced by undue influence
- 20 Agreement void where both parties are under mistake as to matter of fact
- 21 Effect of mistakes as to law
- 22 Contract caused by mistake of one party as to matter of fact
- 23 What considerations and objects are lawful, and what not