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Friday, 22 March 2013

Intoxication

Intoxication

Lack of contractual capacity at the time the contract is being made.

Contract can be either voidable or valid.

§ Courts look at objective indications to determine if contract is voidable.

If voidable:

§ Person has the option to disaffirm, or

§ Person may ratify the contract expressly or impliedly.

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