Legal Memorandum of Law

P .2d 932 (California , 1935 ) has stated that , when one 's ability to reason and understand is impaired as a result of drunkenness , he or she is considered to be incapable of consenting to the terms of a contract . Such people are likened with those who lack the mental capacity due to insanity or stupidity . A person deemed to be completely intoxicated is regarded as one without a sound mind even though the intoxication is voluntary and not because of the other party 's contrivance

In the court of Donnelly v . Rees

, 74

. 433 (California , 1903 , a contract can be set aside owing to the fact that either one of the parties was intoxicated at the time of signing the contract hence rendering them unfit to engage in any transaction of any kind . This is because such a person is incapable of attending to , realizing or understanding the concepts entailed in the transaction

CONCLUSION

From the information derived from our client , Mr . Bibe 's pleading there is the signed contract . The question is whether Mr . Bibe was of sound mind and if the value put down is equivalent to the value of the premise to be sold . Mr . Bibe 's pleading clearly indicates that he did not have the mental capacity to understand , consent to , realize and attend to the contract . Mr . Bibe can prove that he was intoxicated at the time because , by the time he came to us , it was only five hours late . In addition , evidence of fraudulence can be indicated by performing an evaluation of the premise and comparing it with the price allocated for it in the contract . However , a clearer picture of the specific events that occurred at that time need to be taken into focus by interviewing the people who were present...