Contractual capacity of drunken persons, Business Law and Ethics

Contractual Capacity of Drunken Persons

Whether a person purported to enter with a contract at a time at what time he was too drunk to understand then what he was doing and the other party was conscious of his mental condition so then the contract will be voidable on his option: Gore v. Gibson whether the court held that the defendant was not such liable on a bill to exchange that he had indorsed at a time whether as he was acquaintance of the plaintiff, so then drunk that he could not appreciate the meaning and so nature or may effect of the endorsement.

However the basis of the court's decision is not the defendant's intoxication although the plaintiff's inequitable attempt for take advantage with a person in a weaker position.  Hence it would therefore appear such both parties were materially intoxicated upon  the time of contracting that they would be bound through the contract seeing as none of them could take advantage for the other.

Posted Date: 1/22/2013 2:30:20 AM | Location : United States







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