Critical Thinking Exercise 5

I’m working on a Writing question and need guidance to help me study.

you will review the actual case of Lucy v. Zehmer, 196 Va. 493, 84 S.E.2d 516 (1954). You can review the case by clicking the following link: https://law.justia.com/cases/virginia/supreme-court/1954/4272-1.html

One element of a contract is contractual capacity, or legal ability, to create a contract. Capacity refers to a party’s ability to perform legally valid acts, acquire legal rights, and incur legal liabilities. After reading the case, you will respond with answers to the following questions using your critical thinking and moral reasoning skills:

  • How does intoxication apply to this case?
  • Does the court look at objective indications of intoxication? Explain.
  • Do Lucy and Zehmer have an enforceable contract? Why or why not?
  • Is there sometimes a different emphasis in the cases that concern lack of capacity on the ground of intoxication than in the cases that concern lack of capacity on other grounds?
  • If a person is intoxicated enough to lack mental capacity, can a contract be entered into at the time be voidable at his or her option?
  • Do you agree or disagree with the outcome of this case? Why?