CAPACITY OF

PARTIES
Person of Unsound
Mind
Chapter # 4
By
Kamran Khalid
Part # 2
WHAT IS SOUND MIND
 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 to of understanding it, and forming a rational
decision as to its effect upon his interest.
 A temporarily unsound mind person can enter in to the
contract when he is of sound mind.
EXAMPLE
 A person in mental health center who is in the interval of
sound mind state, may make a valid contract during such
intervals.
 A person how have intervals of sound mind, cannot
make the valid contract when he is not in a position to
make a rational decision, which is in his interest.
CAUSES OF UNSOUNDNESS OF MIND
Following are the causes
1. Idiocy

2. Insanity

3. Drunkenness

4. Hypnotism

5. Old Age

6. Drugs
EFFECT ON AGREEMENT
 Agreement is Void Ab-initio
 In case of supply of necessaries to such person

 Recover from property

 Can not be forced beyond that.

BURDEN OF PROOF
 The burden of proofing that person was mentally
incapable of contracting lies on the party who want to
cancel the contract on this ground.
 In case of reverse situation, if person is declared unsound
than burden of proof lies to those who want to establish
that contract is good.