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Is it possible to enter into a valid contract with a person who is insane but for whom a guardian has not been appointed?
Wiki User
∙ 13y ago
First we need to use the correct terms. Insanity is a legal term in criminal law that describes a person’s mental incompetence and moral responsibility. It is a legal concept that helps a court distinguish guilt from innocence. It has no specific medical meaning and there is no “insane” diagnosis in the DSM. It was used in the past to denote severe mental illness and psychosis.
As for contract law, a person must be able to understand the nature and consequences of the contract when it is formed. Mental capacity refers to one's legal ability to enter into a contract. Your question is assumed to refer to a person who lacks mental capacity. A person who lacks mental capacity cannot understand the obligations under a contract and that makes the contract voidable in most cases
Wiki User
∙ 6y ago
Wiki User
∙ 13y agoNo. If the person has been legally declared insane, then any contract between that person and another would not be valid.
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What is contractual capacity of an insane person?
an insane person has no contratual capacity once declared by a competent court. hid contractual transactions will be done by a guardian or anyone appointed by the court thereof.
Is it possible to be get insane from tickling?
No.
How can an insane person become normal?
To an extent insanity is a matter of opinion. In the view of the public it is possible to bring people back from insanity through mental rehabilitation and therapy. However it is difficult, and is quite possible that the person may stay insane for the rest of their life
What is the Post Code of Bangladesh?
Are you insane Are you insane Are you insane
Can someone avoid foreclosure by being declared insane?
It would be somewhat difficult for a homeowner to be declared insane and try to avoid foreclosure that way. Having been declared insane sometime after the original mortgage contract was signed, though, would typically have no effect on the mortgage company being able to declare foreclosure on the house. Insanity after the fact is not sufficient to have any kind of foreclosure proceedings dismissed. However, if the borrower was insane at the time of signing the original mortgage contract, then it may be possible to have it declared void. Having a legal and mental capacity to enter into a contract is a necessary element of signing the mortgage contract. If the homeowner was mentally incapable of entering into a contract at the time the loan closed, then it may be possible to get out of the mortgage. Even this, though, would be somewhat difficult to prove. People who take out mortgages have to sign numerous disclosures indicating that they understand the documents they are signing and that they are legally able to enter into a contract. If the borrower had a good job with stable income and could produce income documents showing a decent financial position, then it may be difficult to argue for that person's insanity at the time of signing for the mortgage. In general, people who can be declared clinically insane and are manifesting the condition at the time they are applying for a mortgage are usually incapable of showing the stable economic conditions that would pass the guidelines for being loaned a significant amount of money. Proving later on, once the homeowner has fallen behind on the mortgage, that he was incapable of entering into the contract due to insanity may seem like a shaky case. Such issues should be taken care of as soon as possible, preferably before the homeowner has fallen behind or at least before the bank has filed the foreclosure lawsuit in court. Family members who may be caring for the newly-declared insane borrower should take the mental state of the person into consideration when trying to help stop foreclosure. But if they are unable to show that the borrower was suffering from the mental defect at the time of the original mortgage, then having the contract voided will most likely be impossible. Discovering that a family member or close associate is suffering from a clinically-diagnosable mental disability can be one of the most challenging experiences of one's life. Helping the borrower through present financial difficulties will also present numerous unique challenges, including the loss of a house to foreclosure. Unfortunately, simply knowing that a homeowner has become insane since the time of entering into the mortgage does not guarantee that the contract can be voided now that the payments have fallen behind.
What is the comparative and superlative of insane?
more insane, most insane
What rhymes with you are insane like Hasain?
Insane in the membrane Insane in the brain
Are the insane really insane?
sometimes if they say they are then that doesn't really mean that there insane
What is insane in Korean?
미친 = insane
When was I Am Not Insane created?
I Am Not Insane was created in 2010.
Was Rosalie poe insane?
Yes, she did become insane
What part of speech is the word insane?
The word "insane" is an adjective. It describes a person or thing as mentally ill or exhibiting extreme foolishness.
