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NeCede's

Maxim 12.12.9

An insane person who knows not what he does cannot make a bargain, nor transact any business.

Furiosus stipulare non potest, nec aliquid negotium agere, qui non intelligit quid agit.

Source: 4 Coke, 126; Weisman, 35c Difficulty 2/5 — Approachable

Explanation

A person who lacks the mental capacity to understand the nature of a transaction cannot be bound by it — contracts and bargains require a meeting of minds, and an insane person has no mind to give.

Where this applies

  • A man suffering from severe dementia signs a contract to sell his home for a fraction of its value — the sale is void because he lacked the mental capacity to understand the transaction.
  • A woman in a psychotic episode agrees to give away her life savings to a stranger — no binding gift was made because she didn't comprehend what she was doing.
  • A person with a severe intellectual disability signs a car loan with predatory terms — the lender cannot enforce the agreement because the borrower could not understand the bargain.

Legal domains

Cite this maxim

NeCede Max. 12.12.9 — An insane person who knows not what he does cannot make a bargain, nor transact any business. — 4 Coke, 126; Weisman, 35c (Furiosus stipulare non potest, nec aliquid negotium agere, qui non intelligit quid agit.)

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