Intoxicated, Hank enters a contract for the sale of ten acres of timberland to Ira for less than its market value. Later, Hank seeks to cancel the deal. In determining whether Hank can avoid his duties under the contract, a court is most likely to look at
A) only Hank's intoxicated mental state.
B) only factors other than the Hank's intoxicated mental state.
C) Hank's intoxicated mental state and other factors.
D) none of the choices.

Question

Quizplus · Accepted Answer

The court will most likely consider both Hank's intoxicated mental state and other factors to determine whether he can avoid his duties under the contract. Intoxication can sometimes be a valid defense to avoid a contract, but only if it rendered the person incapable of understanding the nature and consequences of the contract. However, the court will also consider other factors such as whether Ira knew or should have known that Hank was intoxicated and whether there was any fraud or coercion involved in the contract. Therefore, both Hank's mental state and other factors will be relevant in determining whether he can avoid the contract.

Intoxicated, Hank Enters a Contract for the Sale of Ten