Legal Definitions - infra furorem

Infra furorem is a Latin legal term that translates to "during madness" or "while in a state of insanity." It refers to actions, decisions, or mental states of an individual when they are experiencing a severe mental health crisis, a psychotic episode, or are otherwise not of sound mind, which can have significant implications in legal contexts.

Here are some examples illustrating how this term applies:

• Contractual Capacity: Imagine a person, Mr. Henderson, who is experiencing a severe manic episode as part of his bipolar disorder. During this episode, he signs a contract to purchase an extremely expensive and unnecessary luxury car, far beyond his financial means. Later, when his mental state stabilizes, he wishes to void the contract. A court might consider whether Mr. Henderson was acting infra furorem at the time he signed the contract, meaning he lacked the mental capacity to understand the nature and consequences of his actions, potentially rendering the contract voidable.

• Criminal Responsibility: Consider a situation where Ms. Chen, suffering from severe paranoid delusions, genuinely believes her neighbor is an alien entity attempting to harm her. Acting on these delusions, she breaks into her neighbor's home to "defend herself." In a subsequent criminal trial, her defense attorney might argue that Ms. Chen was infra furorem when she committed the act, meaning her actions were a direct result of her profound mental illness, which could impact her culpability or lead to a plea of not guilty by reason of insanity.

• Testamentary Capacity: Suppose an elderly individual, Mr. Davies, in the advanced stages of dementia, attempts to execute a new will that drastically alters his previous estate plan, disinheriting his long-standing beneficiaries and leaving his entire fortune to a newly met caregiver. If his family challenges the validity of this new will, they might present evidence that Mr. Davies was infra furorem at the time he signed it, lacking the cognitive ability to understand the extent of his property, the natural objects of his bounty, or the effect of his testamentary act.