Section 12 of Contract Act, 1872

Section 12 of Indian Contract Act, 1872

What is a sound mind for the purposes of contracting

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

  1. A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals.
  2. 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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