Indian Contract Act 1872 § 11-12
Definition
Provisions establishing that sound mind for contracting requires capacity to understand the contract and form a rational judgement as to its effect; persons who are usually of unsound mind but occasionally of sound mind may contract during lucid intervals.
Related terms
- Banks V. Goodfellow (1870)
- English common-law case establishing the four-element test for testamentary capacity: the testator must understand the nature of making a will, the extent...
- Functional Capacity Assessment
- Assessment of capacity in relation to a specific decision, at a specific time, requiring evaluation of whether the person can understand, retain,...
- Golden Rule (Probate)
- English probate practice guidance from Kenward v. Adams (1975) requiring solicitors taking instructions from an elderly or seriously ill testator to arrange...
- Hindu Marriage Act 1955 § 12
- Provision making a marriage voidable (rather than void) where the consent of a party was not free consent because of unsoundness of...
- Insane Delusion
- Under the Banks test, a false belief from which the testator cannot be argued, which causes them to dispose of their property...
- MacCAT-T
- MacArthur Competence Assessment Tool-Treatment; a structured instrument assessing capacity to consent to medical treatment using four domains: understanding, appreciation, reasoning, and expressing...
- Mental Capacity Act 2005 (England and Wales)
- Statute governing capacity for consent to treatment and other decisions (not testamentary capacity). Requires a person to understand, retain, weigh, and communicate...
Explained in
- Civil Capacity: Testamentary, Marriage and ContractProvisions establishing that sound mind for contracting requires capacity to understand the contract and form a rational judgement as to its effect; persons wh...