Question 91

The offer made by the intoxicated buyer is voidable.

An intoxicated buyer can choose to affirm or rescind the offer they made on the house due to their impaired capacity to understand the nature of the agreement. This means that the offer is considered voidable, allowing the intoxicated party the option to invalidate it.

A) illegal.

An illegal offer would imply that the terms of the offer violate laws or public policy. In this case, while the buyer's intoxication might affect their capacity, it does not render the offer itself illegal. Therefore, this option is incorrect.

B) void.

A void offer is one that is not legally enforceable from the outset. However, an intoxicated buyer's offer is not automatically void; it is voidable, meaning the buyer can still choose to affirm it once sober. Thus, this option is incorrect.

C) unilateral.

A unilateral offer involves a promise made by one party in exchange for an act by another party. The nature of the intoxicated buyer's offer does not fit this definition, as it does not pertain to a promise for an act but rather an agreement to purchase a property. Therefore, this option is not applicable.

D) voidable.

This is the correct option because a voidable contract allows the intoxicated buyer to decide whether to uphold or rescind the offer. Since their capacity to make rational decisions was compromised at the time of the offer, they retain the right to void it.

Conclusion

The correct answer is voidable, as it accurately reflects the legal principle that a contract entered into while intoxicated can be rescinded by the intoxicated party. Other options fail to capture the nuances of the buyer's situation, as they either mischaracterize the nature of the offer or incorrectly apply legal definitions.