Quote:
Originally posted by tyler86ed
A contract is not valid if the party does not have capacity. If he is under the influence the contract/receipt is not valid.
"A totally drunk person also lacks the ability to consent to a contract and has the option of voiding a contract signed while intoxicated, providing it is done at the earliest opportunity upon sobriety."
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tyler86ed, I must say that you're right. A contract can be voided at the *EARLIEST* opportunity.
According to the story, that guy decided to get loaded and to have asses rubbing his lap and crotch last October 23.
It's now June. That's just over 7 months.
7 months is NOT the "earliest" opportunity. It's not about being intoxicated beyond having the ability to sign a contract, it's not about statute of limitation. It's about setting a precedent.
If you think it's bad right now for webmasters losing on bullshit chargebacks, what do you think will happen if this guy wins when having his day in court? Every guy jacking off to porn on the web using a credit card will cite that case as a precedent and that will result in more bullshit chargebacks, that's what.
I say that if you signed the credit card slip and waited over 6 bloody months, you deserve to be charged. Call it stupidity, call it procrastination, that guy had it coming.
Cheers,
Mike.