What is the test for maintaining a contract of a lunatic or a person mentally incapable of managing his affairs?
Alberta, Canada
The following excerpt is from Watmough v. Cap's Construction Ltd., 1976 CanLII 268 (AB QB):
In the case of Fyckes v. Chisholm (1911), 3 O.W.N. 21, 19 O.W.R. 977, Mulock C.J. Ex. D. at p. 22 states: “The contract of a lunatic or a person mentally incapable of managing his affairs with a person having no notice, actual or constructive, of such lunacy or incapacity, cannot be maintained unless the other party to such contract shews that it was fair and bona fide”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable? (Alberta, Canada)
In what circumstances will a party be bound by the elements of a contract where the contract is not enforceable when the contract was signed? (Alberta, Canada)
Is a contract enforceable for breach of contract when the contract is not enforceable? (Alberta, Canada)
Can an option clause in a personal contract create an equitable interest in land? (Alberta, Canada)
What is the test for mental distress in a breach of contract case? (Alberta, Canada)
What is the test for a contract where a party contracts to cut for a quantity of wood and haul and deliver the wood at a time and to a place mentioned? (Alberta, Canada)
What is the test for discharging a contract for personal service by frustration? (Alberta, Canada)
What is the meaning of a contract law case in contract law? (Alberta, Canada)
How have the courts interpreted the meaning of the word "contract" in the context of an enforceable contract? (Alberta, Canada)
What is the test for retaining title to a property in the name of a person who has transferred it into another person's name gratuitously? (Alberta, Canada)
