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You have requested the following article:Edinburgh Law Review, January 2020, vo. 24, No. 1 : pp. 26-48Without the Power to Drink or ContractWarren Swain☼ ☼Deputy Dean, Professor, Faculty of Law, University of Auckland. This article was largely written whilst a Visiting Fellow at Clare Hall, Cambridge. I would like to thank the President and Fellows for their hospitality. Thanks to my research assistant, Don Lye ... Intoxication as a ground
to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the
rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism. To access this article:Log In - if you or your institution have a subscription, access token or Pay Per Article accessAccess the article via your login:
SubscribeAs an individual, online subscriptions are available to you immediately and give you access to the journal issues (back to 2005, where available) until the end of the calendar year, when you will be prompted to resubscribe. Pay Per ArticleRecommend to LibraryTo encourage your library to subscribe and ensure that you and your colleagues have ongoing access to this and other articles, please use our online form to recommend the journal. HelpEdinburgh Law ReviewPrint ISSN: 1364-9809 Online ISSN: 1755-1692 Sample IssueFeatured ArticleRecommended ArticlesCan a person who is hopelessly intoxicated enter into a binding contract?Mental Incapacity
Minors, the mentally ill, and persons who are intoxicated or drug-addicted are generally excluded from entering into legal agreements. Mental incapacity simply means that a person does not have the competence to enter into a contract.
Which of the following is correct regarding a contract entered into by an intoxicated person?Without exception, a contract entered into by an intoxicated person is void.
What is an intoxicated person?A person is considered intoxicated on alcohol or other drugs when their functioning is significantly affected or impaired. This can result in challenging behaviour for themselves and/or others.
Is a contract written or made by a person who is drunk or during a hypnotic spell valid or not reason why?Contracts entered into during lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
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