Discuss the contractual capacity of persons of unsound mind.

      

Discuss the contractual capacity of persons of unsound mind.

  

Answers


Maurice
If a person who is of unsound mind enters into a contract such a contract is voidable at his
option by establishing that:
(i) He was too insane to understand the nature or effects of his acts.

(ii) The other party was aware of his mental condition.

By proving these facts the party escapes liability. As was the case in Imperial Loan Co. LtdV.
Stone where the defendant escaped from liability on the ground of insanity.

Under the Sale of Goods Act if a person of unsound mind is supplied with necessaries he is
liable to pay a reasonable price.
maurice.mutuku answered the question on May 3, 2018 at 05:39


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