One element of a contract is contractual capacity, or legal ability, to create a contract. Capacity refers to a party’s ability to perform legally valid acts, acquire legal rights, and incur legal liabilities. Review the following case, Lucy v. Zehmer, 196 Va. 493, 84 S.E.2d 516 (1954). Use this link to access the article: Lucy v. Zehmer.
What effect does intoxication have on persons’ contractual capacity? How does intoxication apply to this case? Does the court look at objective indications of intoxication? Explain. Do Lucy and Zehmer have an enforceable contract? Why or why not? Is there sometimes a different emphasis in the cases that concern lack of capacity on the ground of intoxication than in the cases that concern lack of capacity on other grounds? If a person is intoxicated enough to lack mental capacity, can a contract entered into at the time be voidable at his or her option? Do you agree or disagree with the outcome of this case? Why?
Through writing this assignment, you will be responsible for using a minimum of 2 scholarly/peer-reviewed sources (e.g. GMC Library). Textbooks are not considered a scholarly/peer-reviewed source; however, they may still be included as a supplemental reference.
Your assignment is to be a minimum of 500 words. Going over the minimum page length requirement is acceptable; however, I am not looking for a 10+ page essay.
Be as thorough as possible when writing your assignment, and remember, this is an academic assignment, so no “text-talk,” no conversational tone, and ABOVE ALL OTHER THINGS… don’t plagiarize!! Lastly, spell-check and proofread your work! Failure to follow these steps will negatively impact your grade.
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