Contract law intoxication

  • What is the rule that determines if someone is so intoxicated?

    what is the rule that determines if someone is so intoxicated that he or she cannot be held responsible for any contracts entered while in that state? they had to have been so impaired that they didn't know what they were doing when they entered the contract. decision is made by a judge or a jury..

  • When a person enters into a contract when he or she is intoxicated?

    A person who enters into a contract when he or she is intoxicated can void the contract even if he or she understood the legal consequences.
    True.
    A contract is void if one of the parties was intoxicated at the time of its formation..

  • A person who enters into a contract when he or she is intoxicated can void the contract even if he or she understood the legal consequences.
    True.
    A contract is void if one of the parties was intoxicated at the time of its formation.
  • If a person was sufficiently intoxicated to lack the mental capacity to comprehend the legal consequences of entering into the contract, the contract may be voidable at the option of the intoxicated person.
    If, despite intoxication, the person understood these legal consequences, the contract will be enforceable.
The other party was aware of the intoxication at the time. A voidable contract, in this instance, is one in which the intoxicated party can end the agreementĀ  Mental IncapacityWhen an Intoxicated Person Lucy v. Zehmer (1954)

How does a court determine if a party is intoxicated?

The level of intoxication:

  • The court will consider how intoxicated the party was at the time the contract was signed.
    If the party was only slightly intoxicated, proving they lacked the capacity to enter into the contract may be more difficult.

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