West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1906-11-08
POPULAR TALKS ON LAW.
By the President Of The SpraSue
Correspondence School Of Law.
INSANE PERSONS AND DRUHKARDS
No. 9 Of Talks on Contracts Drunk
enness a Species Of Insanity -Ex-
eeptions to Rules-Rssponsi-
bility Of the Jury.

Copyrighted, 1900, by William c. Sprague
Our readers who have followed
this series OF talks will have learned
the rule as to the contracts Of per
sons not yet OF legal age. to the
effect that generally speaking an in
fants contracts are voidable by
him, with the one great exception
that where under certain circum-
stances he makes contract for the
necessarles of life it is good.
The law with reference to the
contracts of insane persons and
drunkards is based upon the same
theory as is that OF the law with
reference to the contracts of in.
fants-namely, that the law ought
to protect the weak or such as have
not sufficient mind, against the
strong or the mentally sound. In
sanity generally speaking, is
weakness or arrangement of mind.
1t is such a state of mind that the
person afflicted cannot think ra.
honally, is incapable of protecting
himself or his property, and cannot
foresee the results Of his acts. In
this sense an idiot is an insane
person.
In order for one to make valid
contract he must understand its
terms and give his assent to them.
An insane person, generally speak.
ing. is incapable of understanding
and of giving rational assent. II
would, therefore, be the height of
injustice to hold a person to a con.
tract made during his insanity.
There are cases, however, where
persons are insane on some one
subject, and perfectly sane on
others. Such persons are called
monomaniacs. Or they may be
insane upon all subjects but one.
IL this condition can be clearly
proven the Law will hold The person
to his contracts made in relation TO
matters concerning which he is en-
tirely sane. There are persons who,
While nominally insane, are sane at
intervals. IL a contract can be
proven to have been made during
an interval of sanity 1t. will stand.
1t is even held that where Que has
general capacity he will be held in
capable IL, when he made the con.
tract, he Iabored under a delusion
as to the particular matter which
enthralled his judgment and will.
We have learned that infants are
bound by contracts for the neces
saries OF life where these are not
furnished by parents or guardians
or otherwise. The same rule holds
with reference to insane persona
and idiots. In the case of infancy
the necessaries must be such as con.
Germ his person, as, for instance,
medicine. food, clothing. In the
case OF the insane, however, the
contract may be such as concerns
his estate or property as we'll as hIs
person, the contract holding if it is
shown to be necessary for the
preservation Of the estate.
Generally speaking, an insane
PERSONS contracts are not void,
but, as in the case OF infancy, such
contracts arc voidable, that is, he
may carry them out or not as he
chooses. However, such contracts
are binding upon him If, after his
reason has returned, he affirms them,
or il during his insanity his guardian
or those having legal authority over
him ratify them. If the person
after becoming sane, or If his
guardian, before he becomes sane.
disaflirms a contract, and refuses
to abide by it, he must return what.
ever he has received on the contract
provided he can do so. He cannot
iisafirm the contract and keep the
proceeds. He may disafirm the
contract without returning anything
If what he has received is lost or
has IN any way passed out of his
control.
The following exception 10 some
Of the rules stated must be noted:
When a guardian or a committee
has b;en appointed by court over
a person sdjudged to be insane his
contracts from that time on are
void, excepting where they arc for
the necessaries Of life, and then he
is bound, not on the contract, bu,