Person of Unsound Mind : Meaning, Requirements and Burden of Proof
Section Reference :12 of Indian Contract Act 1872
| Meaning of sound mind | A person is said to be of sound mind if he is able to • understand the contract, and • Form a rational judgment |
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| Presumption | The law presumes that every person is of sound mind | |
| Requirements of law | At the time of entering into a contract, a person must be of sound mind. A person can enter into a contract in accordance with the following principles: | |
| Nature of person | When can he enter into a contract? | |
| A person of sound mind | • He can enter into a contract at all the times. • He cannot enter into a contract when he is of unsound mind. |
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| A person of unsound mind | He can enter into a contract only at such intervals of time, if any, when he is of sound mind | |
| Burden of proof | Case | Burden of proving otherwise |
| A person who is usually of sound mind | The burden of proving that he was of unsound mind at the time of entering into the contract lies on the person who challenges the validity of the contract. | |
| A person who is usually of unsound mind. | The burden of proving that he was of sound mind at the time of entering into the contract lies on the person who affirms the contract | |
