When it comes to making a contract, one of the most important factors is the mental capacity of the parties involved. But what happens when a person is usually of unsound mind but occasionally of sound mind? Can they make a legally binding contract?

To answer this question, we need to understand what is meant by the terms “unsound mind” and “sound mind.” In legal terms, an unsound mind refers to a mental state where a person is unable to make reasonable decisions due to a mental disorder or disability. On the other hand, a sound mind indicates that a person has the mental capacity to understand the nature and consequences of their actions.

Now, back to the question at hand. If a person is usually of unsound mind but occasionally of sound mind, can they make a contract? The answer is not a straightforward one, as it will depend on various factors.

Firstly, we need to determine whether the person was of sound mind at the time of making the contract. If at the time of entering into the agreement, the individual had the mental capacity to understand the nature and consequences of the contract, then it may be considered a valid agreement.

However, if at the time of making the contract, the individual was of unsound mind, then the contract may be deemed voidable. This means that the person who was of unsound mind can choose to either enforce the contract or void it.

Moreover, if the unsoundness of mind is a permanent condition which prevents the individual from understanding the nature and consequences of the agreement, then any contract entered into by them will be considered void ab initio (from the outset). In this case, the contract will be unenforceable, and the parties will have to find an alternative means of reaching an agreement.

In conclusion, the ability of a person who is usually of unsound mind but occasionally of sound mind to make a contract will depend on various factors, including whether they were of sound mind at the time of entering into the agreement. It is crucial to seek legal advice when dealing with such situations to ensure that the contract is legally binding and enforceable.