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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