Entering into a contract while drunk

Niall001

Just a quick question, hopefully those in the know can settle this:

Can you enter into a contract to buy a product or service when intoxicated? In practice obviously, drunk people make lots of purchases (food, alcohol, taxis) but does it make a difference if they say, buy a package holiday to Florida when intoxicated?

seamus

Well, you obviously can't enter into a contract if you're not capable of understanding what you're entering into.

I think your major hurdle here would be
A. Proving that you were drunk
B. Proving that you were so intoxicated that you were incapable of entering into a contract

If, for example, you legibly signed your name, or authorised a payment on a card (by entering a PIN), that would seem to me that a person is of sufficiently sober/sound mind to understand what they're doing.

In fact, to purchase almost anything, you have to be in some way capable of asking for them and producing money, so you would have a hard time claiming that you didn't know what you were doing when you picked up a product and handed over cash for it.

VW08

Look up "capacity to contract" on google and you'll find information on it. From what I remember from consumer law, is that people under the influence cannot enter into a contract. But it might be up to client to prove that they were so drunk that they didnt know what they were doing.

This might help.....


What about drinking and substance abuse? : A contract is voidable when an intoxicated party cannot understand the nature and consequences of the transaction and the other party is aware of the intoxication. Compulsive and chronic intoxication and abuse may constitute a mental illness. Also, be wary of the sober party who takes advantage of a vulnerable drunk. Consider fraud and undue influence as defenses

Mountjoy Mugger

I'm not sure where the O.P. is coming from but...

If you booked a holiday online whilst drunk and agreed to the terms & conditions, you're going to get very little joy on a refund, I'd imagine.

How can you prove you were drunk?

foggy_lad

Mountjoy Mugger wrote: »

I'm not sure where the O.P. is coming from but...

If you booked a holiday online whilst drunk and agreed to the terms & conditions, you're going to get very little joy on a refund, I'd imagine.

How can you prove you were drunk?

if the op boooked online you should have a cooling off period.

Flamed Diving

foggy_lad wrote: »

if the op boooked online you should have a cooling off period.

Not for a holiday.

jhegarty

If I remeber correctly you not only need to be drunk (and be able to prove it ) but the person you are making the contract with needs to know you are ....

mirwillbeback

often wondered how this worked with bookmakers, you see loads of drunk heads in there on Sat afternoons betting like crazy.
used to do it myself once upon a time.

eth0_

Come on...if it happened online how can you expect recompense? Do you think websites have breathalyser plugins now?

Doctor DooM

eth0_ wrote: »

Come on...if it happened online how can you expect recompense? Do you think websites have breathalyser plugins now?

In practice never gonna happen, in theory an interesting question though.

Hitchhiker's Guide to...

Niall001 wrote: »

Can you enter into a contract to buy a product or service when intoxicated? In practice obviously, drunk people make lots of purchases (food, alcohol, taxis) but does it make a difference if they say, buy a package holiday to Florida when intoxicated?

don't have any advice for you, but it sounds like there might be a funny story behind this question

/ some hell of a hangover to find out you've booked a hugely expensive holiday you can't use

podge018

or even funnier, waking up with a hell of a hangover.............................. in Florida!