Professional Documents
Culture Documents
S12(1) A person is said to be of sound mind for the purpose of making a contract, if at the
time when he makes it, he is capable of understanding it and forming a rational judgment
as to its effect s upon his interests.
S12(2) A person who is usually of unsound mind, but occasionally of sound mind, may
make a contract when he is of sound mind
If the facts that the person is unsound is known to the other party
The person of the unsound mind carries the burden of proof. (he has to
show he is unsound at the point of time of contracting)
Ie. A car to be sold for 100,000. However the car comes without a gearbox or a
steering. The car therefore could not be used for which it is bought. Thus, the
term of the contract has been breached. As this amounts to a serious breach, it is
recognized as breach of a condition
Warranty (S12(3)) B.
A warranty may be regarded as a term, which is not essential to the main purpose
of the contract as its breach would only give rise to a claim for damages.
Injunction /
Preventive
Relief
d. Order of the court directing the defendant to refrain from
doing something in breach of the contract.
Governed by SRA1950
S50(1) SRA1950 - Preventive relief is granted at the discretion
of the court by injunction, temporary or perpetual.
Quantum
Meruit
e. TO BE INSERTED LAST MINUTE AS THERE HAS BEEN NO
QUANTUM MERUIT QUESTIONS SINCE 2007
When risk is high, defendant must do more than meet his duty
Probability of the injury occurring 3.
Young/old/sickly are more prone to injury
A higher degree of care would be imposed in such cases
Seriousness of the injury 4.
Not always reasonable to ensure all possible precautions have
been taken