Male C. Pig a.k.a. Svinopolist (piggymouse) wrote,
Male C. Pig a.k.a. Svinopolist

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QotD: To the Point of Insanity or Blindness

К предыдущему — ага, ага, это я прослушал курс лекций по англосаксонскому контрактному праву by Prof. Douglas J. Whaley из серии "Sum and Substance" и теперь фанатею от всего юридического (см. также запись во френдфидике, сделанную вскоре после начала прослушивания). Чисто ради фана друзяк хочу посписывать оттуда наиболее весёлые моменты. Вот радостное на тему недееспособности по неуважительным причинам.

Intoxication, [whereby] someone gets drunk and signs a contract, is just a subcategory of mental incapacity, but because it is more volitional, or at least it was in the early cases before alcoholism was recognized as an illness, the courts were not very kind to people who signed contracts when they were drunk and then tried to disaffirm. The courts typically said that the drunkenness had to be extreme, to the point of insanity or blindness. So, if you're going to get drunk and sign contracts, those three martini lunches and that kind of things don't do at half measures — let's do it up right! Even if you succeed in reaching the neccessary level of intoxication, the courts have required that the person, on sobering up, immediately disaffirm, hangover or no. So, immediate disaffirmance is required in order to take advantage of the argument that you were intoxicated and signed the contract when you were in effect deprived of your free will because you had no mental capacity.

Tags: alcohol, drink, law, quote

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