Contractual Capacity And Intoxication
Mary went out for drinks with her coworkers on a Friday evening. The following day, her receptionist, Dani, called to thank Mary for selling her car at such a low price. When Mary asked how much Dani had paid for the car, Dani replied, 'One dollar! You wrote a bill of sale on a napkin at the bar.' Mary was stunned and had no recollection of the event. If this dispute were taken to court, what would be the most likely outcome?
AMary would not be required to sell the car to Dani because a napkin is not a proper medium for a written contract.
BMary would not be required to sell the car to Dani because she was merely joking when she made the offer and had no prior intention of selling her car.
CMary would be able to recover her car from Dani. There was no valid contract because she lacked the legal capacity to enter into an agreement due to alcohol consumption.
DThe agreement constituted a valid legal contract, and Mary would be required to surrender her car to Dani for $1.00.
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