[Useless Friend] Antoine and Tevis Are Roommates

question 11

Multiple Choice

[Useless Friend] Antoine and Tevis are roommates. Antoine has Tevis sign a contract promising to wash Antoine's car once a week for $80 per month in payment. The contract incorporated by reference terms on the back. The terms on the back were in very small print and required Tevis to cook dinner for Antoine, do his laundry, and clean their apartment. Antoine is also very angry with his former girlfriend, Flora, and decides to start rumors that would constitute the tort of defamation. He spreads via SnapChat that Flora cheated on tests and stole from friends. Antoine wants to enlist the help of Tevis in smearing Flora but knows that Tevis would be hesitant to assist in his endeavors. One evening, however, Tevis comes home clearly intoxicated - a fact apparent to Antoine. Antoine has him sign a contract agreeing to defame Flora for $50. When he sobers up, Tevis tells Antoine that he was drunk and that he has no intention of defaming Flora, who also happens to be the best friend of Tevis's new girlfriend. He also finally takes a look at the contract involving work for Antoine and tells Antoine that the contract is outrageous.
-Tevis's assertion that he should be able to avoid the contract involving Flora because he was intoxicated is best supported by which of the following statements under the Restatement of Contracts, Section 16?

• A) Contracts of an intoxicated person are voidable if the other party had reason to know that because of the intoxicated person's condition, that person was unable to understand the nature and consequences of the transaction or was unable to act in a reasonable manner in relation to the transaction.
• B) Contracts of an intoxicated person are void if the other party had reason to know that because of the intoxicated person's condition, that person was unable to understand the nature and consequences of the transaction or was unable to act in a reasonable manner in relation to the transaction.
• C) Contracts of an intoxicated person are enforceable because a person should be bound by his or her actions.
• D) Contracts of an intoxicated person are void only if it can be proven that the other party was involved in encouraging the abuse of alcohol by the intoxicated person rendering the intoxicated person unable to understand the nature and consequences of the transaction or unable to act in a reasonable manner in relation to the transaction.
• E) Contracts of an intoxicated person are voidable only if it can be proven that the other party was involved in encouraging the abuse of alcohol by the intoxicated person rendering the intoxicated person unable to understand the nature and consequences of the transaction or unable to act in a reasonable manner in relation to the transaction.

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