consent

Navjot Singh Wahniwal (Querist) 26 January 2010 This query is : Resolved
Legal capacity of a mentally retarded person with 40% disability

Whether such person can give consent and enter into a contract?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 26 January 2010
No. Even if he has only 40% mental disability even then his consent has no value before the eyes of law and consent on behalf can be obtained only by his legal caretaker.

B K Raghavendra Rao (Expert) 26 January 2010

Minor, insane, idiots cannot given their consent. Even if given, it is not valid in the eyes of law and the contract becomes voidable.

aman kumar (Expert) 26 January 2010
Legal capacity of a mentally retarded person with 40% disability is no value

Kiran Kumar (Expert) 26 January 2010
i agree with Mr. Makkad

Sachin Bhatia (Expert) 26 January 2010
No such person can not give consent to enter into a contract.

Navjot Singh Wahniwal (Querist) 26 January 2010
But there is difference between mental illeness (insanity) and mental retardation.

Reference can be made to Mental Health Act and Persons with disabilities Act.

moreover contract act says that the person must be able to make rational judgment.

40% mental retardation means mild mental retardation. Intelligence Quotient (IQ) between 50 t0 75.

Further mental retardation means slow development of mind.

Navjot Singh Wahniwal (Querist) 26 January 2010
also make reference to 2009(9) SCC 1

Srinath Kondapally (Expert) 26 January 2010
Mr. Navjot singh ji is correct.

Raj Kumar Makkad (Expert) 26 January 2010
Navjot ji! Again read the quarry. Mental retarded person with 40% disability.

The citation you referred is not applicable in the light of the facts of that citation. Mental illness is covered therein and not mental retardation so the consent of such person is not tenable before law.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries