- 15 Marks
BL – May 2013 – L1 – SB – Q2 – Law of Contract
Evaluate the validity of a contract between a mentally-ill person and a drunk individual under Nigerian law.
Question
Adariri, a mentally-ill person, attended the wedding anniversary of his friend at a hotel in Aba last June. It is a fact that between May and July every year, he is always in a sound mental condition.
Ikena, who also was at the event, took advantage of the free alcoholic drinks provided at the party and was drunk. When Adariri realised that Ikena could no longer control himself, Adariri took Ikena home in Ikena’s new Toyota Prado Sports Utility Vehicle. During the trip, Ikena discussed with, and agreed to sell his Toyota Prado to, Adariri for the sum of N5 million. When Adariri visited Ikena’s home to pay for the vehicle the third day after the party, Ikena refused to sell the car to Adariri on the grounds that he was drunk when he entered into the contract and Adariri, being a lunatic, could not enter into a valid contract.
You are required to advise Adariri and Ikena on the validity of the agreement.
Find Related Questions by Tags, levels, etc.
- Tags: Capacity to Contract, Drunkenness, Mentally-Ill Persons, Validity of Agreement
- Level: Level 1
- Topic: Law of Contract
- Series: MAY 2013