Compare the contractual liability of an intoxicated person to that of a person who is mentally ill. How are their situations similar? How are they different with regard to capacity?
The contracts of a person who is mentally incompetent and is under a court-ordered guardianship are void. If a person is mentally incompetent but is not under guardianship, his contracts are voidable. A person may avoid any contract that he enters into if the other party has reason to know that, because of intoxication, he is unable to understand the nature and consequences of his actions or is unable to act in a reasonable manner. With either mental illness or intoxication, voidable contracts may be ratified when the person regains capacity. A court is more strict with contracts a party enters while intoxicated since the condition is voluntary.
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