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These flashcards cover the key concepts of intoxication in contract law, specifically relating to voidable contracts and the Hosanna Ministry case.
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What are the elements of the intoxication defense in contract law?
A person incurs a voidable contract if the other party knows that due to the intoxication, they are unable to understand the nature and consequences of the transaction or unable to act reasonably in relation to it.
What evidence is required for intoxication to make a contract voidable?
There must be proof that the person was so impaired they could not understand or make the contract at the time of its creation.
In the Hosanna Ministry case, what did the plaintiff allege?
The plaintiff alleged she was under the influence of drugs when she signed a release from liability while entering into a drug rehabilitation center.
What role does intoxication play in the Hosanna Ministry case?
Intoxication may have impaired the plaintiff's ability to understand the contract she was entering into.
Who determines the issues of fact in intoxication cases?
The issues of fact go to the fact finder.