Agreement Of Sound Mind
India`s contract law also treats a drunk person similar to a person with an unhealthy mind. In Ashfaq Qureshi v. Aysha Qureshi (Nivedita Yadav) (AIR 2010 chh 58), where a young Hindu girl was married to a Muslim man, the girl filed a complaint on the grounds that she was not in her opinion, as she was intoxicated at the material moment and was unaware of the conversion and the ongoing ceremony. And that she hadn`t lived a single day with this man. She proved all the facts cited and the marriage was therefore annulled, on the grounds that, as he was intoxicated, he was not in a position to make a decision and make a rational judgment as to his interest. A person must be of sound mind for the purpose of entering into a contract, if he is able to understand it at the time he does so and to make a rational judgment about its impact on his interests. Indian law has a different view than English law on the matter. According to English law, a person of a person of an unsisting contract can be avoided after his election, if he convinced the court that he was not able to understand the contract and that the other party was aware of it. Therefore, in accordance with English law, the contract is questionable after its election. It only becomes binding on him if he confirms it, Imperial Loan Co v. Gibson (1845) 13 M&W 623). Even under English law, the contract of a crazy person is not invalid. In Campbell v.
Hooper ((1855) 3 Sm & G 153), where a mortgage borrower applied for a debt repayment decree and showed that Mortgagor was crazy when he was under contract, and in addition, the lender did not realize it. It has been found that the mere fact of madness cannot invalidate a contract. If the other party has heard about it, it becomes questionable at the choice of the madman. Thus, it is clear that, according to English law, the most important thing is that the other person with whom the person of the unhealthy man settled had the knowledge whether or not the former is in an unhealthy mental state. All content presented or displayed on the Site, including text, graphics, photos, images, moving images, sound and illustrations (“Content”), is the property of the Company, its licensors, suppliers, representatives and/or content providers. All elements of the site, including the general design and content, are protected by commercial application, copyright, copyright, intellectual property rights, trademark rights and other laws relating to intellectual property rights.