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).
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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.

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