A contract made by an insane person who has not been declared so judicially is considered what?

A contract made by an insane person who has not been declared so judicially is considered voidable because the individual, despite their mental state, retains some capacity to affirm or reject the contract. In such situations, the law recognizes that individuals may not have a complete understanding of the contract terms due to their insanity, but they are not legally incapacitated until a court formally declares them insane. This allows them, if they regain sanity or if they were capable of understanding the nature of the contract at the time it was made, to affirm the contract or choose to void it.

This principle aims to protect individuals who may not fully comprehend their actions due to mental health issues while allowing for flexibility should their condition improve or if the contract's terms were clear enough for them to understand. Contracts that are void, enforceable, or illegal entail different legal standings but do not apply to this situation in the same way as a voidable contract. This emphasizes the recognition of the individual's rights while also considering their mental state in contractual obligations.