Question

Bernie, while intoxicated, jokes during a random conversation with Clay about a new company Clay wants to start. Each promises the other to put up $10,000 in the next week to get the company going. They write up their agreement on a napkin and sign it. When Clay meets up with Bernie the following week to get the $10,000, Bernie tells him that he was just kidding around and does not want to be a part of the new business. But Clay seeks to enforce the napkin contract. Will it be upheld?

Yes
No

Answer 1

@tigerlover @TheSmartOne

Answer 2

This will not be upheld. This is not a real contract; plus Bernie was intoxicated and was not in the right mind at the time of the signing. A real contract would be actual print and would have all of the leading things along with the signing.

Answer 3

The contract is legal, but the state of intoxication makes it not valid.

Answer 4

Yeah, I'd have to agree with @TheSmartOne on this. It is not stated what was written on that napkin (boundaries, conditions etc.) for the agreement but, the law claims you have to be in a normal, functioning capacity.

Answer 5

:|

Answer 6

@tigerlover What?

Answer 7

Nothin :|

Answer 8

Not completely correct, that is.

Answer 9

@tigerlover while you're also correct, that it is invalid, your reasoning is not correct.

Answer 10

The law states that a contract can be legally binding under certain circumstances all of which were met, discussion, offer, agreement; considering these are all present, his signing of the document would make him responsible to make good on his word. In this case Bernie was not acting within a normal capacity, since he was drunk, and thus it is rendered invalid based upon that notion.

Answer 11

@tigerlover

Answer 12

I get it Marzi. Please stop tagging me.

Answer 13

You seemed upset that I agreed with TSo, rather than you.

Answer 14

HOLY CRAP GUYS ITS JUST A QUESTION

Answer 15

AND I AGREE WITH TIGER

Answer 16

o-o