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SADIA SHAFIQ · #5 Thursday, March 07, 2013

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UNDER THE INFLUENCE OF DRUGS OR ALCOHOL

If a person signs a contract while drunk or under the influence of drugs, can that contract be enforced? Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be avoided if the other party to the contract knew about the intoxication and took advantage of the intoxicated person, or if the person was somehow involuntarily intoxicated (e.g. someone spiked the punch). The law will intervene in some circumstances where someone who is intoxicated enters into an agreement. Intoxication alone is not sufficient, but it can be a defence to enforcement by the sober party, and the intoxicated party may void the contract on the basis of his or her own intoxication in the following circumstances, that is firstly, the intoxicated party, because of the intoxication, did not know what he or she was doing. Secondly, the sober party was aware of the intoxicated state of the other party. Thirdly, upon becoming sober, the intoxicated party moved promptly to repudiate the contract. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. Thus, even where the sober party is not aware of the intoxicated state of the other party, if there is evidence of intoxication so that it may be presumed, the unfairness or one-sidedness of a contract might result in its being voided. This view moves the law toward a position that an unconscionable agreement permits the court to presume that the sober party had knowledge of the intoxication of the other party once there is evidence of intoxication.

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Incapacity is present if a mental status defect renders the individual unable to understand and knowingly and intelligently act upon consent information using rational processes. This is a determination made in the first instance by the treating doctor. A competent decision remains valid even after the patient lapses into incompetence. The law, in its simplicity, however, presumes the incompetent patient is unconscious or demented rather than impaired yet still capable of acting. When this is not the case, psychiatric consultation may be requested to opine on competency by assessing mental status defects and their impact on capacity to give or withhold consent.

What is the Fatwa about a person who intentionaly says to his wife that she is his mother?

http://www.qtafsir.com/index.php?opt...628&Itemid=114

it is good one with zihar ,2 questions are exact right ..