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NeCede's

Maxim 6.3.11

A madman can make no contract.

Furiosus nullum negotium contrahere potest.

Source: Dig. 50, 17, 5; 1 Story, Contr. 76 Difficulty 1/5 — Foundational

Explanation

Capacity to consent is essential to contract — where the mind cannot assent, no binding obligation can be formed.

Where this applies

  • A mentally incapacitated person signed a contract — is it valid?
  • My elderly parent with dementia signed over power of attorney — can that be undone?

Legal domains

contractfamily

See also

Cite this maxim

NeCede Max. 6.3.11 — A madman can make no contract. — Dig. 50, 17, 5; 1 Story, Contr. 76 (Furiosus nullum negotium contrahere potest.)

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