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Indian Contract Act,1872

Act No : 9


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

12.What is a sound mind for the purposes of contracting.-A personis 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 offorming a rational judgment as to its effect upon his interests. A person who is usually of unsound mind, but occasionally ofsound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of un-sound 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 soundmind, may contract during those intervals. (b) A sane man, who is delirious from fever or who is so drunkthat he cannot understand the terms of a contract or form a rationaljudgment as to its effect on his interests, cannot contract whilstsuch delirium or drunkenness lasts.


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