Mental Capacity, Misrepresentation & Contract Formation
contract cuet_pg advanced trick_questionOkay kya hua hai? You think you're ready for this one?
You're the advocate of a 35-year-old person who was admitted to a hospital with suicidal tendencies. Before being hospitalized, he entered into a contract to sell his bike to his friend for ₹ 50,000. Now, his friend is claiming that he made the payment but the bike is still with the person, who's now in a mental institution.
Most of you would think that it's a simple case of frustration of contract or maybe even undue influence? Wrong, bro! It's about mental capacity and misrepresentation. What if the person didn't actually have the capacity to enter into this contract due to his mental state? And what if the friend knew about his mental condition but still took advantage of him? It's not as black and white as it seems.
Arre, main nahin manata ki mental capacity ki galti ko misrepresentation ke kaaran contract ki roop se banaya ja sakta hai. Mental capacity ki jaanch contract ki formation ke pehle hi honi chahiye. Agar yeh jaanch nahin hoti hai toh contract ke baad misrepresentation ke kaaran isko invalid karne ka koi tareeka nahin hai.