Your Ask Joey ™ Answer

Does intoxication result in a voidable contract?

Yes! If either party is intoxicated and enters into an agreement, that agreement is voidable by the party that was intoxicated. Intoxication is considered a defense if it prevents the person promising from knowing the nature and significant of his or her promise and only if the agreeing party also knew of the intoxication.

Below is an example where one party was intoxicated, and since the other party knew it, the contract is voidable:

Back To All Questions

You might also be interested in...

  • What is an example of a minority resulting in a voidable contract?

    A person that is considered a minor (under the age of 18) is allowed to disaffirm from contracts at any time while under the age threshold. A minor may ratify the contract once they are of age, meaning they turn 18. Below is an example of where there was a contract between two parties, but George was a minor. Since George is a minor, the contract is voidable by George at any point while he is a minor.

  • What is an example of a mutual mistake that results in a voidable contract?

    A mutual mistake can result in a void or voidable contract. For a mutual mistake to result in a voidable contract, then the mistake would have to be material and there was an existence of subject matter. Below is an example of a mutual mistake that resulted in a voidable contract. Make sure you understand than a mutual mistake can also result in a void contract.

  • Why would a contract be voidable?

    A voidable contract, unlike a void contract, is a valid contract which may be either affirmed or rejected at the option of one of the parties. There are a number of reasons as to why a contract could be voidable. Some examples include fraud in the inducement, economic (or social) duress, innocent misrepresentation, undue influence, mutual mistake (if related to quality), unilateral mistake, minority, or intoxication.