Intoxication and Metal Incapacity Flashcards
1
Q
INTOXICATION (Defense to a validly formed contract)
A
Contract is Voidable by INTOXICATED PARTY if:
- Other party has reason to know that by REASON OF INTOXICATION:
1) Unable to understand in a reasonable manner nature and consequences of the transaction (Cognitive / Mental ability: Intent is required), or
2) Unable to act in a reasonable manner in relation to the transaction (Drug made me inpulsive, I couldnt stop myself).
2
Q
MENTAL INCAPACITY (VOIDABLE IF)
A
1) Person unable to UNDERSTAND in a
REASONABLE manner the NATURE AND CONSEQUENCES of transaction, or
2) UNABLE TO ACT in a REASONABLE MANNER in relation to the transaction, and other party has reason to know of the condition.