Lunatic - Definition - Law Dictionary Home Dictionary Definition lunatic

Definition :

Lunatic. By the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), s. 20, the word 'lunatic,' except in the phrase 'criminal lunatic' and in relation to persons detained as lunatics outside England, shall cease to be used in relation to any person of or alleged to be of unsound mind, and the words ''person of unsound mind,' 'person,' 'patient of unsound mind,' or 'of unsound mind,' or such other expression as the context may require are to be substituted in any enactment or document thereunder. See PERSON OF UNSOUND MIND. Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23).

The general principle governing contracts entered into by insane persons is laid down in The Imperial Loan Co. v. Stone, (1892) 1 QB 559. 'Where a person enters into a contract, and afterwards alleges that he was so insane at the time that he did not know what he was doing and proves the allegation, the contract is as binding on him in every respect, whether it is executory or executed, as if he had been sane when he made it, unless he can prove further that the party with whom he contacted knew him to be so insane as not to be capable of understanding what he was about.' A person of unsound mind must pay for necessaries sold and delivered to him [(English) Sale of Goods Act, 1893, s. 2]. As to deeds and wills executed by a person found of unsound mind by inquisition, see In re Walker, (1905) 1 Ch 160. As to their liability for tortious acts, see Clerk and Lindsell, 7th Edn. P. 45.As to the criminal responsibility of insane persons, see MACNAUGHTON'S CASE, RULES IN. A jury may return the special verdict that a prisoner is guilty of the offence charged but insane at the time he committed it [(English) Trial of Lunatics Act, 1883, s. 2]. A person found on arraignment to be insane by verdict of a jury may be detained during his Majesty's pleasure, as is also the case with a prisoner found guilty but insane. The Home Secretary may order insane prisoners to be removed from prison to asylums [(English) Criminal Lunatics Act, 1884, s. 2]. See Archbold's Crim. Pleading, etc.

As to Scotland, see the (English) Lunacy (Scotland) Acts of 1857, 1862 and 1866, the (English) Mental Deficiency and Lunacy (Scotland) Act, 1913 (25 & 26 Geo. 5, c. 32), ss. 4, 5 and 7, and (English) Sale of Goods Act, 1893, s. 2.

Lunatic has the meaning assigned to it in section 3 of the Indian Lunacy Act, 1912. [Medical Termination of Pregnancy Act, 1971 (34 of 1971), s. 2 (b)]