Persuavive Letter to I.M. Bibe stating the reasons that Bibe is bound Research Paper

Persuavive Letter to I.M. Bibe stating the reasons that Bibe is bound by the Contract - Research Paper Example A possible argument would be the intoxicating effect of wine that distorted your judgment; however, this will encounter legal obstacles. This is because an individual who is highly subdued by the wine cannot enter into valid contracts. As such, in an extreme intoxicated state your hand will not be firm enough to outline a clear signature. The signature was firm and accurate like your other signatures. Furthermore, there are few cases, which back Owen Lotts claim of holding you liable to the agreement. The courts set precedents on earlier cases that make it possible for the legal representation of Lotts to pursue this issue with vigor. The argument in Guidini vs. Guidini Case where the plaintiff claimed he was not sober upon making the agreement cannot apply. Although they are similar because Lotts was buying the wine for you (I.M.Bibe); furthermore, in the Guidini case, the contract was signed after two weeks (Guidici v. Guidici, 2 Cal.2d 497 (Cal., 1935). This technicality erodes an y binding precedent to the case since not all factors are similar. The case of Donnelly’s vs. Rees indicates that one of the parties was intoxicated and convinced into finalizing a contract (Donnelly v. Rees, 141 Cal. 56 (Cal. 1903). However, in the Donnelly’s case, the plaintiff was drunk for longer periods unlike in your setting where you had lunch. This is a basis to argue the non-application of this precedent in this case. Interestingly, the elements in Marron vs. Marron are similar to the Donnelly’s case, and will emphasize Lotts plea in affirming your liability (Marron v. Marron, 19 Cal. App. 326. (Cal.App. 1 Dist. 1912). It would be considerably difficult to present your innocence since no supportive precedent of your situation exists. Furthermore, in the case of Swan v. Tablot, the precedent was affirmative that equity will not allow an individual to escape liability claiming he was not sober upon