Intoxication

Intoxicated’s capacity to perform juristic acts

• Affects capacity for as long as it lasts

• Curator can be appointed for an alcoholic

In order to be deprived of capacity due to intoxication

a) Be unaware they are entering the transaction

b) no idea of it’s provisions

Metzinger v Badenhorst 1953 4 SA 291 (T)

Must be deprived of his powers of reasoning

When intoxicated you can be held liable on:

Undue enrichment

Negotiorum gestio

Intoxicateds capacity to litigate

No capacity for the duration of the intoxication

Intoxicateds capacity to hold office

Prohibited from holding office due to no capacity to act

Curatorship

Common law says that in exceptional circumstances you can be put under curatorship

A person commits a crime if

He/she uses drugs or alcohol

That know that taking said substances will impair their ability to distinguish between right and wrong

Commits a prohibited act

Intoxicateds delictual and criminal liability

General rule: Intoxication is not a sufficient reason to exclude negligence

Criminal law: courts have ruled that a person can escape on the basis of intoxication

S v Chretien 1981 (1) SA 1097 (A)

Led to the Criminal Law Amendment Act being passed

• If a person commits a prohibited act but is not found guilty because they were under the influence, the person will still be guilty of the crime