A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

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A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind.

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A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.

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Illustrations

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(a) A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals.

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(b) A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.