QUESTION

Is a contract still valid if it was signed under the influence of alcohol?

Asked on Jun 24th, 2012 on Entertainment Law - California
More details to this question:
If a consent/contract was signed under the influence of alcohol is it still valid?
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9 ANSWERS

Susan Marie Basko
A contract signed under the influence of alcohol may or may not be valid. A person who signed a contract while intoxicated can attempt to cancel the contract with the other party, or can go to court seeking to void the contract. Usually such a contract is only voidable if the other party had reason to know of the level of impairment. The totality of the circumstances will affect the Court's decision. Such factors as if the other party gave the signing party alcohol to trick them or woo them into signing will be taken into consideration. If you are asking someone to sign a contract, do not give them any alcoholic drink or smoke weed or use any other drugs with them. Do not let them sign if they appear as if they have been drinking, smoking weed, or are otherwise intoxicated or high. Also, when you are having a person sign a contract, you should give them the contract and let them have plenty of time to show it to their own lawyer or ask advice from whoever they trust. If the person has had the contract for days and has shown it to their own advisor before signing, then it is highly likely to be considered valid. I write contracts for indie music and film. Since most indie people cannot afford their own lawyer, I write the contracts so that any normal intelligent person can understand the contract. Also, we email the contracts to the person and let them take enough days to read it, show it to their friends and family for advice. Also, the contracts are written to be fair to all parties. In the music and film industries, many people abuse alcohol or drugs, and many people have mental or emotional instability. Some such people have very strong natural talents. If one is signing a contract with such a person, please get good legal advice before doing so. Record label contracts often have provisions for what is to happen if the artist becomes incapable of living up to the expectations of the contract. Such provisions should be written only by a lawyer.
Answered on Mar 19th, 2017 at 5:52 AM

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Criminal Defense Attorney serving Ridgeland, MS at Jones Law Firm
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In some cases, yes. In others, no.
Answered on Jun 14th, 2013 at 12:05 AM

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Employment Law Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
That's a great question. If the intoxicated person, voluntarily became intoxicated, the answer depends on whether a court would find that s/he was mentally competent at the time s/he signed the agreement. On the other hand, if s/he became intoxicated involuntarily (or not "by choice"), it is more likely that s/he will be excused from obligations existing under the contract. This is not a simple case, and I would recommend that you hire a talented contracts attorney.
Answered on Sep 04th, 2012 at 8:01 PM

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Jerome Marshall Applebaum
If you can prove that it was signed while intoxicated, than it should be invalid. The intoxicated person did not have the capacity to fully evaluate and comprehend the terms, conditions and effects of the contract.
Answered on Jul 06th, 2012 at 3:04 PM

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Criminal Law Attorney serving Bloomfield Hills, MI at Ryan Berman Esq.
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Being intoxicated is a defense going toward the capacity to enter into the contract in the first place. Did the other party know or should they have known the person was under the influence at the time? Consult with a lawyer.
Answered on Jul 06th, 2012 at 1:41 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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The contract is probably valid unless you can prove that 1) you were so intoxicated as to be senseless or 2) the other party deliberately got you intoxicated in an effort to get you to commit to something you wouldn't have signed when in a normal state of mind or 3) some third party (such as the bartender) had a legal responsibility to ensure your safety or the safety of others who could be harmed by your actions while intoxicated. A person is usually considered responsible for his or her actions even when intoxicated.
Answered on Jul 06th, 2012 at 12:54 PM

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Marriage & Prenuptials Attorney serving Charleston, SC at Evan Guthrie Law Firm
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If the contract was signed under the influence of alcohol then that would be evidence that it was not valid.
Answered on Jul 06th, 2012 at 11:22 AM

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Appellate Attorney serving Seattle, WA at The Olmsted Law Group
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As a general rule, contracts entered into under the influence are enforceable. The exception is where the party against whom enforcement is sought did not willingly consume the substance i.e. he or she was drugged.
Answered on Jul 06th, 2012 at 1:20 AM

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Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
Mental incapacity can be a defense to the meeting of the minds which is necessary for a valid and binding contract. The specific circumstances are important and more information would be needed to make a proper determination.
Answered on Jul 06th, 2012 at 1:19 AM

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