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CAN BEING DRUNK MAKE A CONTRACT INVALID ❓.


When a 'drunk' person enters into a contract, that contract is genrally dependent on him to allow it to continue or cancel it. (this is called a voidable contract). In order for the 'drunk' person to cancel this contract, the 'drunk' person (like Mwenge) must show that;

1. The 'drunkardness' was severe enough that the person entering into the contract was incapable of understanding what they were doing.

2. The other person was aware of how drunk the other person was at the time.

So in short , yes being intoxicated can make a contract invalid in the event one in induced into being intoxicated and then made to enter into a contract by a person who was well aware of the intoxication.

In Mwenge's case, since the Kiyingi knew that Mwenge was too drunk to understand anything and used this to manipulate him into selling his boda boda, then the courts can allow Mwenge to set aside his contract with Kiyingi and get his boda boda back. However, if you get drunk before the contract so you can dodge it, then you are likely to be called upon to continue with the contract since you knew you had to enter into one and choose to first get a drink.

To conclude contracts made in the bar are lawful and legally enforceable unless they face a challenge before a court of law by the intoxicated person.


BareFootLaw



#osutayusuf

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