Charlotte, NC asked in Contracts for North Carolina

Q: I signed a DocuSign where someone said they would pay 825 a month now they say they were drunk. Is my DocuSign legal

I signed the DocuSign and everything even he did now he's saying he doesn't remember

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1 Lawyer Answer
Will Blackton
Will Blackton
  • Raleigh, NC
  • Licensed in North Carolina

A: Electronic signatures are the same as original inked signatures under North Carolina law. So, without considering intoxication here, the contract would be valid if the only question is electronic signature compared to ink siganature.

Now, whether the contract is invalid or voidable because the person was drunk cannot be answered with a simple yes or no. There are several basic elements required of every contract that must be met before getting to the question of whether the intoxicated can successfully argue that he or she lacked capacity to contract due to the impairment.

I'd step back and consider basic elements of fairness, then consult with a lawyer. Is the other party getting something worth $825/mo? Did you have reason to believe the person was intoxicated at the time of signing, were they intoxicated for the entire contracting experience? That is, if I send someone a contract, which they review and comment on over the course of the week and they say (while clearly sober), okay I'm ready to sign it, I'll sign Friday night. Then that person gets drunk Friday night and signs the contract, the fact that they were drunk during the actual clicking a signature probably doesn't matter much. However, if I find someone who is drunk and I say, I'll buy you all the tacos you can eat tonight if you pay me $825/mo for the next year; here, sign this contract, the fact that the person was drunk is going to pay a major role in a court's analysis of that contract.

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