ABSTRACT

A mentally disordered person is liable on a contract except in so far as he is unable to understand the nature of the transaction,35 and at least in English law he is liable even then if the other party does not know of his disability.36 Nevertheless, if he is obviously incapable of any rational action at all, there is clear authority that he is liable for necessaries supplied.37 This may well also explain the Irish decision in Re Pike,38 referred to below. The Dublin police found an elderly woman incapacitated in her house and removed her to hospital. The police authority was held entitled to a lien for its subsequent costs incurred in looking after her house for some days until her relatives could be contacted.39