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Section 12 in the Indian Contract Act, 1872
12. What is a sound mind for the purposes of contracting.—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. —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." A person, who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person, who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. Illustrations
1- A patient in a lunatic asylum, who is, at intervals, of sound mind, may contract during those intervals. (a) A patient in a lunatic asylum, who is, at intervals, of sound mind, may contract during those intervals."
2- A sane man, who is delirious from fever, or who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts. (b) A sane man, who is delirious from fever, or who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts."
A horse was bought for a certain price coupled with a promise to give Rs. 500 more if the horse proved lucky
This is a valid agreement.
This agreement is void for uncertainty because it is very difficult to determine what luck, bad or good the horse had brought to the buyer.
agreement is partially valid and partially void.
None of the above
This agreement is void for uncertainty because it is very difficult to determine what luck, bad or good the horse had brought to the buyer. Agreements the meaning of which is not certain or capable of being made certain are void
By: Parvesh Mehta ProfileResourcesReport error
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