Sashi and Leon Were Having Marital Problems and Had an Argument

question 9

Multiple Choice

Sashi and Leon were having marital problems and had an argument one morning over whether or not Leon should buy a motorbike. Sashi went to her sister Nancy's home where the two women talked about life and drank vast quantities of wine. Very drunk, Sashi decided everything was her fault. She went to a local motorbike store, selected one she knew Leon wanted, but had rejected as being too expensive, and paid for it with her credit card. The salesman had no idea she was drunk. The next day, she had no memory of the transaction and was horrified to find out what she had done. Sashi discovered the sales slip and the motorbike outside and called the company at once to tell them she is returning it immediately.

• A) Since she was so drunk that she didn't know what she was doing, Sashi lacked the capacity to make the contract, and cannot be held to it under any circumstances.
• B) Sashi cannot use her own voluntary behaviour in getting drunk to excuse her from responsibility for this contract.
• C) Since Sashi repudiated the contract immediately once she became sober, she cannot be held to it.
• D) Even though Sashi repudiated the contract promptly once she became sober, she can be held to the contract since the salesperson had no idea she was so drunk that she did not know what she was doing.
• E) Since she made the contract to save her marriage, it is a contract for a necessary and, drunk or not, she is bound to it.