Jessica was visibly drunk when she went into a local store and an aggressive salesman saw she was drunk and got Jessica to sign up for an expensive 2 year cell phone plan. Jessica used the phone for a week and then knew she couldn't afford it. She went to the store and said she wanted to cancel the contract because when she made the contract she was drunk. Most likely a court would rule that
A)the contract is void as Jessica was drunk at the time she made the contract
B)the contract is void as Jessica lacked the capacity to contract
C)the contract is void because the salesman knew Jessica was drunk when she made the contract
D)All of the above
E)the contract is valid and if Jessica does not pay she will be liable for breach of contract

Question

Quizplus · Accepted Answer

A court would likely rule that the contract is valid because being drunk does not automatically void a contract unless it can be proven that Jessica was so intoxicated that she was unable to understand the nature and consequences of the transaction. Additionally, she used the phone for a week, which may be seen as ratifying the contract.

Jessica Was Visibly Drunk When She Went into a Local