A contract made by an intoxicated person is not void, though the intoxication is brought about by the other party, but is merely voidable at the election of the intoxicated person and may be ratified by him expressly or by conduct inconsistent with its rescission.
(Orig. Code 1863, §§ 2691, 2699; Code 1868, §§ 2687, 2695; Code 1873, §§ 2729, 2737; Code 1882, §§ 2729, 2737; Civil Code 1895, §§ 3647, 3654; Civil Code 1910, §§ 4232, 4239; Code 1933, § 20-207.)
Cross references.- Intoxication as defense to criminal action, § 16-3-4.
JUDICIAL DECISIONS
Rights of one unaware of and having no part in other party's drunkenness not affected.
- That one endorsed obligation while in drunken condition will not affect rights of payee who had no knowledge of such drunkenness and no hand in causing the drunkenness. Abbeville Trading Co. v. Butler, Stevens & Co., 3 Ga. App. 138, 59 S.E. 450 (1907).
O.C.G.A.
§ 13-3-25 will not relieve one who is voluntarily intoxicated unless other party has notice. - One is not to be relieved of one's contract made while one was under influence of voluntary drunkenness brought about in no wise by instigation of other party, unless intoxication was so great as to deprive that person of use of the person's reasoning faculties and other party had notice of the person's condition. Abbeville Trading Co. v. Butler, Stevens & Co., 3 Ga. App. 138, 59 S.E. 450 (1907); Bing v. Bank of Kingston, 5 Ga. App. 578, 63 S.E. 652 (1909); Hall v. Langford, 18 Ga. App. 73, 88 S.E. 918 (1916).
One voluntarily intoxicated may enter binding contract absent fraud or imposition.
- Voluntary intoxication short of deprivation of reason, unless opposite party has contributed to produce the intoxication, will not disable person to waive right or to bind oneself by contract, in absence of fraud or imposition. Weldon v. Colquitt, 62 Ga. 449, 35 Am. R. 128 (1879).
Cited in Strickland v. Parlin & Orendorf Co., 118 Ga. 213, 44 S.E. 997 (1903); Parks v. Harper, 43 Ga. App. 269, 158 S.E. 454 (1931); McKaig v. Hardy, 196 Ga. 582, 27 S.E.2d 11 (1943); Douglas v. Sumner, 213 Ga. 82, 97 S.E.2d 122 (1957); Lynch v. State, 164 Ga. App. 317, 296 S.E.2d 179 (1982); Southern Ry. v. Lawson, 256 Ga. 798, 353 S.E.2d 491 (1987).
RESEARCH REFERENCESLack of Capacity to Form Specific Intent - Voluntary Intoxication, 5 POF2d 189.
C.J.S.- 17 C.J.S., Contracts, § 133(2). 17A C.J.S., Contracts, §§ 414, 418(3), 438 et seq., 605, 614.
ALR.
- Relief in equity from deed on ground of intoxication, 6 A.L.R. 331.
Inference from circumstances of bad faith on part of persons receiving property from one who received it from an incompetent, 19 A.L.R. 67.
Intoxication as ground for avoiding contract, 36 A.L.R. 619.
ARTICLE 3 CONSIDERATION
Cross references.
- Effect of want or failure of consideration with regard to transfer of negotiable instruments, § 11-3-408.
RESEARCH REFERENCES
ALR.
- Necessity and sufficiency of consideration for modification of real estate broker's contract, 42 A.L.R. 987.
Consideration for modification of terms of existing tenancy, 43 A.L.R. 1451; 93 A.L.R. 1404.
Mutuality and enforceability of an agreement upon the sale of goods, to give the purchaser an option or the exclusive sale of similar goods without a corresponding obligation on his part, 45 A.L.R. 1197.
Effect of promise by one whose name is forged to take care of paper, 48 A.L.R. 1368.
Promise of additional compensation for completing building or construction contract, 55 A.L.R. 1333; 138 A.L.R. 136.
Surrender of, or forbearance to prosecute, a claim for damages for personal injuries or death as a consideration, 57 A.L.R. 279.
Surrender of claim against insolvent as consideration for promise by third person, 59 A.L.R. 315.
Services by one spouse to other as consideration for latter's promise, 73 A.L.R. 1518.
Validity of promise conditioned upon forbearance or nonexercise of right, without an agreement or other original consideration by promisee, 74 A.L.R. 293.
Moral obligation as consideration for executory promise, 79 A.L.R. 1346; 8 A.L.R.2d 787.
Consideration for subscription agreements, 95 A.L.R. 1305; 115 A.L.R. 589; 151 A.L.R. 1238.
Assumption of payment or guaranty of corporation's indebtedness as consideration for transfer of its stock, 103 A.L.R. 1417.
Extension of time for payment of obligation or agreement to forgo enforcement thereof as consideration for a new promise by a third person as affected by nonenforceability of the obligation at time extension or agreement was made, 114 A.L.R. 1203.
Validity and effect of transfer of expectancy by prospective heir, 121 A.L.R. 450.
Creditor's release of, or promise to release, guarantor as affected by existence or sufficiency of consideration, 126 A.L.R. 1241.
Forbearance to interpose or insist upon defense which is doubtful or known to be unfounded, as sufficient consideration for a promise, 139 A.L.R. 854.
What taxes are within contemplation of contract which provides for payment or assumption of taxes or varies consideration with reference to taxes, 140 A.L.R. 517.
Necessity of specific allegation of consideration in action upon insurance policy, 153 A.L.R. 1406.
Consideration for change of terms of employment, 158 A.L.R. 231.
Validity and enforceability of contract in consideration of naming child, 21 A.L.R.2d 1061.
Mutuality and enforceability of contract to furnish another with his needs, wants, desires, requirements, and the like, of certain commodities, 26 A.L.R.2d 1139.
Consideration for rider, endorsement, or other modification of insurance policy to change risks covered, 52 A.L.R.2d 826.
Validity, enforceability, and effect of provision in seamen's employment contract stipulating the maximum recovery for scheduled personal injuries, 9 A.L.R.3d 417.
Validity, construction, and enforcement of business opportunities or "finder's fee" contract, 24 A.L.R.3d 1160.
Sufficiency of consideration for employee's covenant not to compete, entered into after inception of employment, 51 A.L.R.3d 825.
Enforceability of contract to make will in return for services, by one who continues performance after death of person originally undertaking to serve, 84 A.L.R.3d 930.
Reward for disproving commercial claim, 96 A.L.R.3d 907.
Moral or natural obligation as consideration for contract, 98 A.L.R.5th 353.