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Section 12, Contract Act 1872: What Is A Sound Mind For The Purposes Of Contracting

Section 12 under Chapter II (of contracts, voidable contracts and void agreements) of the Contract Act, 1872 of India - 'What is a sound mind for the purposes of contracting', is reproduced hereunder:—

“A person is said to be of sound mind for the purposes of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgement 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 judgement as to its effect on his interests, cannot contract whilst such delirium of drunkenness lasts.”

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