Legal Question in Family Law in Tennessee

Re: Legal contracts

Its a requirement that there must be a meeting of the minds to form an agreement. If one of the parties is incompetent due to alcohol or some other intoxicant at the time an alleged agreement was reached, the agreement is voidable. However, the burden of proof is on the one claiming to be incompetent at the time. Such proof might be made by testimony from witnesses present at the time the agreement was allegedly made. Nevertheless, if one is subsequently competent and performs according to the terms of the agreement he or she may lose the right to rescind it or raise a defense that there was no meeting of the minds.