Is a written contract valid if made under the influence
Discussion
Asking for a friend!
My mate and his missus split up when she was caught out seeing his best friend.
While he was asking her to return to the family home he agreed whist he was drunk that he did not want to take her car value approx £16000, he would give her half of the value of the family camper value £25000 and he would keep the station car value less that £3000 this was written down and he signed it. hoping that she would see him as a nice guy and return.
This has not happened and now a while down the road in the cold light of the day he has realised it was not the best of outcomes.
She is now threatening legal action based on the written contact.
Now this is where it gets muddy, it seems or he has been told that the contract is not valid as he was under the influence.
I'm not sure that would be correct as its an easy get out. but if it saves him a few quid its worth asking.
My mate and his missus split up when she was caught out seeing his best friend.
While he was asking her to return to the family home he agreed whist he was drunk that he did not want to take her car value approx £16000, he would give her half of the value of the family camper value £25000 and he would keep the station car value less that £3000 this was written down and he signed it. hoping that she would see him as a nice guy and return.
This has not happened and now a while down the road in the cold light of the day he has realised it was not the best of outcomes.
She is now threatening legal action based on the written contact.
Now this is where it gets muddy, it seems or he has been told that the contract is not valid as he was under the influence.
I'm not sure that would be correct as its an easy get out. but if it saves him a few quid its worth asking.
She keeps her own car worth £16,000 seems fair?
They split the campervan worth £25,000 seems fair?
He keeps the station wagon less £3000? Is that the argument?
Who's paid for what? How is a written statement even credible without solicitors or witnesses, it all sounds a bit silly tbf.
More on written agreements: https://www.netlawman.co.uk/ia/what-makes-contract
Your friend could argue it was an offer and he's pulling out and nothing is legally binding etc. I guess the solicitors will cost more than he would be set to lose anyhow.
They split the campervan worth £25,000 seems fair?
He keeps the station wagon less £3000? Is that the argument?
Who's paid for what? How is a written statement even credible without solicitors or witnesses, it all sounds a bit silly tbf.
More on written agreements: https://www.netlawman.co.uk/ia/what-makes-contract
Your friend could argue it was an offer and he's pulling out and nothing is legally binding etc. I guess the solicitors will cost more than he would be set to lose anyhow.
robwilk said:
Asking for a friend!
My mate and his missus split up when she was caught out seeing his best friend.
While he was asking her to return to the family home he agreed whist he was drunk that he did not want to take her car value approx £16000, he would give her half of the value of the family camper value £25000 and he would keep the station car value less that £3000 this was written down and he signed it. hoping that she would see him as a nice guy and return.
This has not happened and now a while down the road in the cold light of the day he has realised it was not the best of outcomes.
She is now threatening legal action based on the written contact.
Now this is where it gets muddy, it seems or he has been told that the contract is not valid as he was under the influence.
I'm not sure that would be correct as its an easy get out. but if it saves him a few quid its worth asking.
Are they actually marriedMy mate and his missus split up when she was caught out seeing his best friend.
While he was asking her to return to the family home he agreed whist he was drunk that he did not want to take her car value approx £16000, he would give her half of the value of the family camper value £25000 and he would keep the station car value less that £3000 this was written down and he signed it. hoping that she would see him as a nice guy and return.
This has not happened and now a while down the road in the cold light of the day he has realised it was not the best of outcomes.
She is now threatening legal action based on the written contact.
Now this is where it gets muddy, it seems or he has been told that the contract is not valid as he was under the influence.
I'm not sure that would be correct as its an easy get out. but if it saves him a few quid its worth asking.
I think a lot depends on whether the sober party knew that the drunk party was impaired, and took advantage.
I also suspect that in a dispute which appears to be worth only a few grand out of a divorce settlement, a compromise might be a good idea! Presumably the family home will be the big issue?
I also suspect that in a dispute which appears to be worth only a few grand out of a divorce settlement, a compromise might be a good idea! Presumably the family home will be the big issue?
house and everything else is sorted 50 / 50 .
I guess he wishes that they went 50 / 50 on the cars as well.
maybe a little bitter at the split but its happened and done he needs to give her cash but would like to keep it to a minimum as he has just had to leave his dream house its gone and paying for a new gaff he is skint , hence trying to minimise cash outgoings if they went 50 /50 .16000 +25000+3000 =44000/2-16000 means he has 6k to pay with the drunken agreement he has 12.5k to pay quite a difference when your just managing the new gaff etc.
I guess he wishes that they went 50 / 50 on the cars as well.
maybe a little bitter at the split but its happened and done he needs to give her cash but would like to keep it to a minimum as he has just had to leave his dream house its gone and paying for a new gaff he is skint , hence trying to minimise cash outgoings if they went 50 /50 .16000 +25000+3000 =44000/2-16000 means he has 6k to pay with the drunken agreement he has 12.5k to pay quite a difference when your just managing the new gaff etc.
If they are not married ( the above reply was no ) then this is just a contract between 2 people.
I am not a lawyer - but I believe a contract requires consideration. Is there any here?
In practice both parties are stuck. To enforce the contract requires going to court. The ex will have to fund that and frankly won’t.
In my divorce there was all sort of things agreed to by my ex ( in writing as replies to offers ) that were breached. The lawyer said yes it is offer and acceptance but in the real world are you going to take her to court over it ? Answer no
I am not a lawyer - but I believe a contract requires consideration. Is there any here?
In practice both parties are stuck. To enforce the contract requires going to court. The ex will have to fund that and frankly won’t.
In my divorce there was all sort of things agreed to by my ex ( in writing as replies to offers ) that were breached. The lawyer said yes it is offer and acceptance but in the real world are you going to take her to court over it ? Answer no
Jeremy-75qq8 said:
If they are not married ( the above reply was no ) then this is just a contract between 2 people.
I am not a lawyer - but I believe a contract requires consideration. Is there any here?
In practice both parties are stuck. To enforce the contract requires going to court. The ex will have to fund that and frankly won’t.
In my divorce there was all sort of things agreed to by my ex ( in writing as replies to offers ) that were breached. The lawyer said yes it is offer and acceptance but in the real world are you going to take her to court over it ? Answer no
I agree with Jeremy. I am not a lawyer - but I believe a contract requires consideration. Is there any here?
In practice both parties are stuck. To enforce the contract requires going to court. The ex will have to fund that and frankly won’t.
In my divorce there was all sort of things agreed to by my ex ( in writing as replies to offers ) that were breached. The lawyer said yes it is offer and acceptance but in the real world are you going to take her to court over it ? Answer no
A valid contract needs an offer, an acceptance of that offer, consideration and the intent to create legal relations.
“Consideration” is defined as ‘the price for the promise’. What was her side of this deal?
Without more he’s not stuck with that. However, sounds like he had bigger problems…
Once the solicitors get involved, it will cost more than the 8 grand you stand to gain.
If he wants to be fair, and everyones put in an equal share, everything should be 50/50 16k versus 3k isnt fair..... If she wants the 16k then the difference should come out of her proportion of the camper.
However as above, he is likely to get screwed either way.
If he wants to be fair, and everyones put in an equal share, everything should be 50/50 16k versus 3k isnt fair..... If she wants the 16k then the difference should come out of her proportion of the camper.
However as above, he is likely to get screwed either way.
Austin_Metro said:
Jeremy-75qq8 said:
If they are not married ( the above reply was no ) then this is just a contract between 2 people.
I am not a lawyer - but I believe a contract requires consideration. Is there any here?
In practice both parties are stuck. To enforce the contract requires going to court. The ex will have to fund that and frankly won’t.
In my divorce there was all sort of things agreed to by my ex ( in writing as replies to offers ) that were breached. The lawyer said yes it is offer and acceptance but in the real world are you going to take her to court over it ? Answer no
I agree with Jeremy. I am not a lawyer - but I believe a contract requires consideration. Is there any here?
In practice both parties are stuck. To enforce the contract requires going to court. The ex will have to fund that and frankly won’t.
In my divorce there was all sort of things agreed to by my ex ( in writing as replies to offers ) that were breached. The lawyer said yes it is offer and acceptance but in the real world are you going to take her to court over it ? Answer no
A valid contract needs an offer, an acceptance of that offer, consideration and the intent to create legal relations.
“Consideration” is defined as ‘the price for the promise’. What was her side of this deal?
Without more he’s not stuck with that. However, sounds like he had bigger problems…
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