4.6 Intoxication

Those who as a result of drunkenness, whether voluntary or involuntary, are ‘incompetent to contract’ are, by virtue of s 3 of the SGA 1979, liable to pay a reasonable price for necessary goods ‘sold and delivered’. ‘Incompetent to contract’ presumably means ‘unable to understand the nature of the transaction’. Beyond this, there appears to be little authority on contracts made by those who are intoxicated. It is assumed, however, that similar rules apply as in the case of incapacity through mental disability. This means, amongst other things, that, in contrast to the position in relation to minors, there must be an awareness of the incapacity on the part of the other party before the contract will be unenforceable.

Such cases as there are on this topic are concerned with intoxication through the consumption of alcohol. There seems no reason why the same rules should not apply to a person who is incapacitated through drug taking.