if you get drunk, and you sell something valuable of yours to someone for cheap, and then want it back.....?

Question

what happens? who's at fault.

There is a problem in my textbook that I need help answering.....

This woman gets drunk and sells a valuable fur coat to her friend for $10. when she sobers up, she wants it back, but her friend refuses....

explain using rules of law.

Answer 1

Capt Jack is ABSOULUTELY WRONG! No state considers being drunk as deminished capacity! Voluntary Intoxication is never a defense! If you were slipped a micki..that would be different...but such are not the facts of the case. The person offered an item for sale...the purchaser agreed, paid and accepted delivery of the goods (completed contract) Since the dollar value of the contract is so low...the Uniform Commercial Code does not apply ($ 500) therefoe the seller is screwed and should consider AA!

Answer 2

It depends. It can be argued. From what you said....

It's an invalid contract. The seller was impaired. An impaired person cannot enter into a valid contract due to a failure of the "meeting of the minds." The express and implied covenants of "good faith and fair dealing" have been breached.

It is difficult to enforce an oral contract; although, they are valid.

The seller must evidence that she was, in fact, impaired to the legal defintion.

Sorry Robert K. Blanket statements with respect to law are rarely accurate. The question here is "capacity to contract." Were the woman legally drunk, she could be legally impaired. She cannot drive or possibly make reasonable decisions.

Unconscionability would also enter into the issue. Her condition was exploited. An item valued at thousands of dollars sold for ten would likely be found unenforcable. Law is about justice and fairness. No arbitrary terms included in the language of a contract supercede contract law.

She could argue that she was essentially "rolled" while drunk. That is unlawful. Law is about splitting hairs. Who knows--the judge may call her a dumbazz and dismiss it.

Answer 3

Possession is 9/10 of the law, and she entered into a verbal contract.

I'd say she can't use the "I was drunk" excuse. She doesn't have a leg (especially if she's drunk and falling over) to stand on.

Answer 4

I cant answer with rules of law, but I watched an episode of Judge Judy once with this situation. Judge Judy ruled in favor of the person who was drunk at the time they sold an item to thier friend.

Answer 5

Diminished capacity cannot be used to negate a contract.

Answer 6

you are responsible for your own actions, maybe you shouldn't haven't been drinking to excess.