Question 28

This contract is voidable.

A contract made by an intoxicated person is generally considered voidable, meaning the intoxicated party has the right to affirm or reject the contract upon regaining sobriety.

A) illegal.

This option is incorrect because while intoxication may affect the validity of a contract, it does not render the contract illegal. A contract is only illegal if it involves unlawful activities, which is not the case here.

B) void.

This option is incorrect as well. A void contract is one that is not legally enforceable from the moment it is created. In this scenario, the contract is not void; rather, it is voidable, allowing the intoxicated party to choose to affirm or void it.

C) unilateral.

This option is also incorrect. A unilateral contract involves one party making a promise in exchange for the other party's performance. Here, both parties have agreed to the terms, making it a bilateral contract rather than unilateral.

D) voidable.

This option is correct. A contract is voidable when one party, in this case, the intoxicated buyer, has the option to affirm or reject the contract due to their impaired state at the time of agreement.

Conclusion

The correct answer is voidable because it accurately reflects the legal principle that allows the intoxicated buyer to choose whether to affirm or void the contract after regaining sobriety. The other options fail to capture the nature of the contract in this situation, which is not illegal, void, or unilateral.