Legal Question in Business Law in Minnesota

Re: Lack-of-capacity defense

Someone could assert such a defense, but the question is whether they could win. I would recommend that you hire an attorney to review your situation.

MY STANDARD DISCLAIMER: This is not intended to be legal advice or to create an attorney-client relationship. No attorney-client relationship is intended until you and I sign a retainer agreement.

Re: Lack-of-capacity defense

Such a claim could be made. However, the analysis as to whether or not the person was cable of understanding the nature of the contract depends on a great deal more than a blood alcohol content.

Being unable to legally operate a motor vehicle does not automatically mean that the person is impaired to the degree that their ability to understand the nature and terms is negated. Moreover, the person with whom you are dealing must also be aware of the significant impairment. An analysis of all circumstances surrounding the contract would have to be carefully reviewed.

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