Apply the given principle to the facts. Principle: A person is said to be of sound mind for the purpose…
Applying the given principle, soundness of mind is presumed, so where a person is shown to usually suffer unsoundness, the party seeking to enforce the contract, here Hari,…
Choose your answer
Apply the given principle to the facts.
Principle: A person is 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 of forming a rational judgment as to its effect upon his interests.
Facts: Yadav, suffering from advanced schizophrenia, a multiple personality disorder, entered into a contract with Hari. Later, when Hari sought to enforce the contract, Yadav took a plea that at the time of entering into the contract he was not in sound mental state and hence, the contract was void. In order to get the contract enforced, which of the following is correct?
Answer and explanation
Correct answer B
Applying the given principle, soundness of mind is presumed, so where a person is shown to usually suffer unsoundness, the party seeking to enforce the contract, here Hari, must prove Yadav was in a normal, rational state of mind at the time of contracting.
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