CONTRACT ACT

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

29 September 2010 WHO IS INCOMPETENT TO CONTRACT- A PERSON WHO IS OF A SOUND MIND AND AT TIMES BECOMES LUNATIC OR A LUNATIC PERSON WHO AT INTERVALS BECOMES NORMAL(SOUND MIND)???

Querist : Anonymous

Querist : Anonymous (Querist)

01 October 2010 plz reply sir

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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20 July 2024 In the context of contract law, the term "incompetent to contract" refers to individuals who lack the legal capacity to enter into contracts. Here’s how it applies to the scenarios you’ve described:

### 1. Person of Sound Mind Becoming Lunatic at Times:

- **Definition**: A person who is of sound mind but at times becomes a lunatic (mentally ill or incapacitated) is generally considered competent to contract during periods when they are of sound mind.

- **Legal Capacity**: Contract law typically assesses an individual's capacity to contract at the time the contract is made. If a person is of sound mind at the time of entering into the contract, they are generally competent to do so, regardless of occasional episodes of mental illness.

- **Challenge**: The validity of a contract entered into during a period of sound mind would generally not be invalidated solely because the person later becomes temporarily mentally incapacitated.

### 2. Lunatic Person Becoming Normal (Sound Mind) at Intervals:

- **Definition**: A lunatic (mentally incapacitated person) who at intervals becomes of sound mind is considered incompetent to contract during periods of lunacy.

- **Legal Capacity**: A contract entered into during a period when the person is mentally incapacitated (lunatic) would typically be voidable at the option of the lunatic. This means that once the person regains sound mind, they have the option to affirm or reject the contract.

- **Challenge**: Contracts made during periods of mental incapacity are vulnerable to being challenged and declared voidable by the lunatic or their legal representative upon regaining mental capacity.

### Conclusion:

In summary, under contract law principles:
- A person of sound mind, even if they occasionally become mentally incapacitated (lunatic), is generally competent to contract during periods of sound mind.
- A contract made by a lunatic during a period of mental incapacity is voidable, allowing the lunatic to affirm or reject the contract upon regaining sound mind.

It's essential to consider the timing of the contract and the mental state of the individual at that specific time to determine their legal capacity to enter into a contract.

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