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Describe the test most states follow regarding the capacity of intoxicated persons to enter into contracts.
On Jun 28, 2024
Most states follow the Restatement of Contracts,Section 16,which provides that contracts of an intoxicated person are voidable if the other party had reason to know that because of the intoxicated person's condition,that person was unable to understand the nature and consequences of the transaction or was unable to act in a reasonable manner in relation to the transaction.If the intoxication merely causes someone to exercise poor judgment,the person's capacity to enter into a legally binding contract is not affected.