In those jurisdictions where an insane person's contract is voidable, whether it is executed or not, and whether or not the other party acted in good faith and in ignorance of his infirmity, a person is not required to restore, or offer to restore, the consideration received by him as a condition precedent to the avoidance of a contract made by him while insane. "If the law required restoration of the price as a condition precedent to the recovery of the estate, that would be done indirectly which the law does not permit to be done directly, and the great purpose of the law in avoiding such contracts - the protection of those who cannot protect themselves - defeated." 47

As we have already seen, however, most courts do not allow an insane person to avoid his contracts where the other party acted in good faith, and in ignorance of his insanity, and cannot be placed in statu quo. Where this doctrine prevails, if the contract was made in good faith and without knowledge of the insanity, the right to avoid is conditional on return of the consideration.48