1G2 FRAHDITLENT CONTRACTS. 



incapable of binding- herself by a contract ; it is altogether 



void, and no action will lie against her husband or herself 



for the breach of it. But she is undoubtedly responsible 



for all torts committed by her on any person, as for any 



other personal wrongs. But when the fraud is directly 



connected with the contract vnth the wife, and is the 



means of effecting it, and parcel of the same transaction, 



the wife cannot be responsible, and the husband be sued 



for it together with the wife " (/). 



Where a con- Equity will give relief where there is no reasonable 



is^oW^nd^'^*^ equality between the contracting parties, c. ^., in a case in 



weakminded. which the vendor, being an aged, illiterate, weakminded 



man, though not a person absolutely incapable of managing 



his own affairs, executed a deed of conveyance of his 



property for a grossly inadequate consideration (m) . 



Drunkenness AVliere a party, when he enters into a contract, is in 



h!<^ Trf '^'^'^*" '^^^""'^ ^ state of drunkenness as not to know what he is 



° ' doing, and particularly when it appears that this was 



known to the other party, he cannot be compelled to 



perform the contract (n). 



Goods kept Ly If ^ however, a man buys a Horse when so cbunk as not 



sober*^ ^ ^^'^ ^° know what he is doing, but keeps it after he is sober, he 



cannot set up his ch'imkenness as an answer to an action for 



the price (o). 



(;) See note (/,), ante. {ii) Gore v. Gibso)/, 13 M. & W. 



{>n) Longmate v. Ledger, G Jur., G2G. 

 N. S. 481. See also Roberts' (o) See Chit. Contr. 10th ed. 



Principles of Equity, 3rd ed. 79. 137 ; Gore \. Gibson, 13 M. & W. 



626. 



