Principle: An agreement made by a person of unsound mind is void. Facts: J, who is generally of unsound mind, signs a sale deed while in a lucid interval, fully understanding the transaction. The sale deed is
AVoid because J is usually of unsound mind
BValid because Section 12 Indian Contract Act permits a person usually unsound to contract during a lucid interval, provided he is of sound mind at the time
CVoidable at J's relatives' option
DVoidable at the buyer's option
Answer & Solution
Correct answer: B. Valid because Section 12 Indian Contract Act permits a person usually unsound to contract during a lucid interval, provided he is of sound mind at the time
Section 12 Indian Contract Act: capacity to contract depends on the state of mind at the moment of contracting. A 'usually unsound' person may contract during lucid intervals; a 'usually sound' person may not contract while temporarily unsound.
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