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Lupita enters into a contract with Faith to purchase a used car. At the time they sign the contract, Lupita appears to be very intoxicated.
Lupita enters into a contract with Faith to purchase a used car. At the time they sign the contract, Lupita appears to be very intoxicated. Faith notices this but signs the contract anyway. If Lupita later decides she wants to get out of the contract:
Lupita cannot get out of the contract even though she had been drinking excessively.
Lupita cannot get out of the contract if both parties signed it
Lupita can raise the defense of lack of contractual capacity due to intoxication.
Lupita can raise the issue of undue influence, because Faith took advantage of Lupita while she was drinking.
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