Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1906-11-10
POPULAR TALKS ON LAW.

Our readers who have followed this
series of talks who have learned the
rule as to the contracts of persons
of legal age, to the effect that gener-
ally speaking an infants contracts
are voidable by him, with the one
great exception that where under GER
tain circumstances he makes con-
tract for the necessaries of life it is
good.
The law with reference to the con-
tracts of insanse persons and drum
kards is based upon the same theory
as is that of the law with reference
to the contracts of infants-namely
that the law ought to protect the
weak or such as have not sufficient
mind, against the strong or the men
tally sound. Insanity, generally speak
ing, is a weakness or arrangement
of mind. 1t is such state of mind
that the person afflicted cannot think
nationally, is incapable of protecting
himself or his property, and cannot
forsee the results of his acts. In
this sense an idiot is an insane per-
son.
In order for one to make a valid
tOlltl dClS Dt nluSI uuuSl ITO vi Ills
| and give his assent to them. An in.
sane person, generally speaking is
| incapable of understanding and of
giving rational assent. 1t would,
| therefore, be the height of injustice to
lold a person to a contract made
| during his insanity.
| There are cases, however, where
persons are insane on some one sub
poet, and perfectly sane On others.
Such persons are called monomaniacs.
Or they may be insane upon all sub
jects but one. If this condition can
be clearly proven the law will hold
the person to his contracts made in
relation to matters concerning which
he is entirely sane. There are per-
sons who, while nominally insane,
are sane at intervals. If a contract
can be proven to have been made
during an interval of sanity it will
stand 1t is even held that where
one has general capacity he will be
held incapable if, when he made thu
contract, he labored under a delusiOl
as to the particular matter which en-
thralled his judgment and will.
We have learned that infants are
sares of life where these are nc
bound by contracts for the neces
furnished them by parents or guar
dams or otherwise. The same
rule holds with reference to insane
persons and idiots. In the case of in.
fancy the necessaries must be such as
concern his person, sa, for instance
medicine, food, clothing. In the case
, of infancy. such contracts are void
, able, that is, he may carry them out
or not as he chooses. However, such
contracts are binding upon him, il
!; after his reason has returned, he af
, firms them, or if during his insanity
his guardian, before he becomes sane
authority over him ratify them. II
the person after becoming sane, or /
! his guardian, before he becomes sane
, disaflirms a contract, and refuses to
abide by it. he must return whatever
he has received on the contract pro
vided he can do so. He cannot disaf
/ firm the contract and keep the FRO
ceeds. He may disaffirm 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 to some
the rules stated must be noted: Wner
guardian or a committee has beer
appointed by a court over a person
ad1udged to be insane his conuac
from that time on are void, exceptina
where they are for the necessaries O