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INSANITY AS A DEFENCE IN CONTRACT LAW: A COMPARISON BETWEEN COUNTRIES

By Sumedha S. Vadhulas

This research paper seeks to analyze Insanity as a defense under Indian Contract law in comparison with American Contract law. India is quite backward in its recognition of mental illnesses and also does not award enough autonomy to the so-deemed incapable individuals. Several psychologists and human rights activists have spoken out criticizing the devolvement of mentally ill individuals to being as incapable as a child, and warn of the dangers that may come about from entrusting all their rights in a guardian. This study will also evaluate different tests for determining Mental Incapacity, and suggest paths for reform of both the Indian Contract Act, 1872 and the Mental Healthcare Act, 2017.

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