Case No.:

AC.REV-96-1958

Court:

Court of Appeal

Issue No.:

1961

Principles

·  Contract—Capacity to contract—Insane may make contracts during lucid intervals

·  Contract—Capacity to contract—To void contract insane man must prove insanity at time of contracting and knowledge in other party

Held (1) An insane man may make binding contracts during lucid intervals even though the other party knows he is usually insane.
(ii) To id a contract for want of capacity by reason of insanity, a party must prove (a) that he was insane at the time he made the contract, and (b) that the other party was aware of this incapacity.

Judgment

COURT OF APPEAL(*

HE1RS OF HUSSEIN ABDALLA v. MOHAMED MOHAMED EL AMIN

AC.REV-96-1958

M. I. El Nur J. June I, 1958 :—-I am in full agreement with the learned Province Judge. Though applicant’s ancestor was shown to have been insane but the evidence adduced by respondent (P.Ws. 2 to 4) showed at the time he concluded the sale agreement he was quite sane. This at least shows he, during a lucid interval, made that contract.

A person of unsound mind may make binding contracts during lucid intervals even though the other party knows he is usually insane: Hall v. Warren (1804) 9 Ves. 605 ; 32 E.R. 738.

Even if this vendor made this contract while he was insane, the burden is on his heirs, who want to avoid the contract, to prove that respondent at the lime of the conclusion of the contract knew of his insanity: Imperial Loan Co. v. Stone [1892] 1 Q.B. 599; Cheshire and Fifoot, Contract 312 (2nd ed., 1949).

This burden was not discharged by applicants since they called no evidence to prove respondent’s knowledge.

In my view this application should, subject to the agreement of the Chief Justice, be summarily dismissed as hopeless.

M. A. Abu Rannat C.J. June 2, 2,1958 : —Application is summarily dismissed.