Get ready for the JD Next Exam with flashcards and multiple choice questions that offer hints and explanations. Prepare well and succeed on your exam!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

Practice this question and more.


Can Aaron successfully sue his friends for a promise made while intoxicated?

  1. Yes, due to their binding agreement

  2. No, because it was a gratuitous promise

  3. Yes, if he can prove actual damages

  4. No, since intoxication affects promise validity

The correct answer is: No, because it was a gratuitous promise

The rationale behind the correct answer lies in the nature of the promise made by Aaron's friends. When a promise is made while one party is intoxicated, especially if the intoxication impairs that person's ability to understand the nature of the agreement, the promise does not typically meet the necessary legal standards for a binding contract. A gratuitous promise is one that is made without any expectation of compensation or benefit in return. If Aaron's friends made a promise while intoxicated, it is likely that they did so in a casual manner without intent for it to be legally binding. For a promise to be enforceable, there generally needs to be consideration, which means something of value must be exchanged between parties. In this case, the friends might not have intended for their words to carry legal weight, especially given the context of intoxication, which could further weaken the assertion that a valid contract was formed. This understanding underscores why a successful lawsuit from Aaron based solely on a promise made in such circumstances would not typically stand up in a court of law. Before it could be considered binding, one would need to demonstrate mutual assent and intention to create a legal obligation, which is difficult to establish in this scenario.