Non Compos Mentis Definition:

Latin: Not of sound mind.

Related Terms: Lunatic, Mental Disorder, Mentally Ill, Mentally Retarded, Alieni juris, Competency

In law, a person with an unsound mind.

Formerly, synonymous with lunatic and, more recently, insanity.

Ballentine's 1969 law dictionary:

"Non compos mentis: mentally incompetent. Having a mental condition approximating total and positive incompetency. Destitute of memory and understanding.... A person of unsound mind."

In Dexter v Hall, Justice Strong of the United States Supreme Court used these words:

"[A] lunatic, or a person non compos mentis, has nothing which the law recognizes as a mind, and it would seem, therefore, upon principle, that he cannot make a contract which may have any efficacy as such."

REFERENCES:

  • Dexter v. Hall, 82 US 9 (United States Supreme Court, Justice Strong, 1872)
  • Van Deusen v Sweet, 51 NY 378

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