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Section 12: What is a sound mind for the purposes of contracting.

The Indian Contract Act, 1872Central Act · Act 9 of 1872

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.

Where this provision sits

ActThe Indian Contract Act, 1872
Section12
Marginal noteWhat is a sound mind for the purposes of contracting.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it7

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