she did not understand the nature of the agreement. Is this contact enforceable?
Please explain why...
2007-10-19 10:24:26 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No, a contract is not valid if either party is not of sound mind.
2007-10-19 10:32:38 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Evidence of Sam's intoxication makes the contract voidable. It is not automatically void but is considered voidable, meaning that you can take the evidence before the judge and depending on the rest of the circumstances, the judge can declare the contract invalid, relieving Sam of any further duty under the contract.
One of the factors that the judge might consider is whether or not Cherry pressured Sam to sign the contract knowing that Sam was intoxicated.
Maybe Sam signed it privately and then brought it to Cherry to sign. Cherry had no way of knowing that Sam's signature was suspect and relied upon the validity of the signature. The judge will not be as willing to void the contract under those circumstances.
2007-10-19 10:45:00 · answer #2 · answered by rac 7 · 0⤊ 0⤋
I will be the unfortunate client who engages an attorney who completed their law school education with answers supplied by Yahoo Answers.
2007-10-19 10:54:37 · answer #3 · answered by J P 7 · 0⤊ 0⤋
No, it's not enforceable if either party was intoxicated when it was signed.
2007-10-19 10:38:30 · answer #4 · answered by Hillary 6 · 0⤊ 0⤋