Maxim 3.3.2
A madman has no will.
Furiosi nulla voluntas est.
Source: Dig. 50, 17, 5; Broom, Max. 99; Weisman, 24x; Weisman, 103u
Difficulty 1/5 — Foundational
Explanation
One who is insane cannot form the legal intent necessary to make a binding contract, execute a deed, or commit a crime requiring mens rea.
Where this applies
- A mentally ill person signs a contract and it is challenged as invalid.
- Someone who is insane makes a will and it is contested.
See also
Cite this maxim
NeCede Max. 3.3.2 — A madman has no will. — Dig. 50, 17, 5; Broom, Max. 99; Weisman, 24x; Weisman, 103u (Furiosi nulla voluntas est.)
Found an error? Suggest a correction →