Question

Joe was trying to sell his home. He went out drinking with some buddies on Friday night and got really drunk. Saturday morning his realtor came by with a contract for the sale of his home. Joe looked over the contract, asked the realtor some questions about the date of the closing, asked the realtor what he thought about the contract, then signed the contract and went back to bed. When he woke up on Saturday afternoon he saw a copy of the contract and had a change of heart. The contract was for $10,000 less then what he originally wanted for the house.
1. Joe wants to disaffirm, claiming he was drunk when he signed. Can he?

Answer 1

Answer:

Yes. Joe can disaffirm the contract as he was drunk when he signed it.

Explanation:

According to law, a person who enters into a contract while intoxicated (either by alcohol or drugs) can make void, the terms of that contract if the person can prove he/she was sufficiently intoxicated and was therefore impaired, at the time the contract was signed.

Therefore Joe can disaffirm the contract by arguing that he got really drunk on Friday night and as such, his decision making was affected when he signed the contract on Saturday morning.