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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."
Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.
Facts: 'A' promises to pay Rs. 5000 to 'B' on the condition that he shall marry with the Consent of 'C, 'D' and 'E'. 'B' marries without the con sent of 'C, 'D' and 'E', but obtains their consent after the marriage.
'B' has not fulfilled the condition.
'B' has fulfilled the condition.
'B's marriage is not valid.
The condition is illegal.
has fulfilled the condition
By: Parvesh Mehta ProfileResourcesReport error
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