THE LAW RELATING TO PEOPLE WITH MENTAL DISORDERS: INTER JURISDICTIONAL PERSPECTIVES.

Abstract

A person suffering from any form of mental disorder is subject to various disabilities. Hence the law provides mechanisms for dealing with matters concerning such persons. For example, until the abolition of the “sign Manual” by the Mental Health Act, 1959 in England, the Crown had the power and the process to make decision in the “best interests” of a person not competent to decide or take decision. This paper, presents the general principles of law relating to people with mental disorders. It asserts that there are two basic areas of law in handling matters relating to mentally disordered offenders in tort law – decision-making/action taking (competence), and the law of responsibility in relation to liability in criminal offences and the tort of negligence. It asserts that there is a dearth of judicial decisions in regards to the tort of negligence in relation to mentally- ill offenders. The discourse provides statutory provisions and illustrative available judicial authorities. It provides the criticism and review of available case law which states that as against the position of criminal law which allows mental illness as an excuse to crime, tort law does not admit same as a defence in negligence actions. The paper concludes that as mental illness constitutes an excuse for non-culpability in crime, the same principle should be adopted in apportioning liability in tort of negligence.