7. Competency of intoxicated persons as principals.

7.     Competency of intoxicated persons as principals.

In order for agency to arise the person instructing the agent to act must have power to act himself1. A person may avoid a contract entered into by him while he was in such a state of intoxication as not to know what he was doing, but a person contracting with him may enforce the contract if he can prove that he had no knowledge of, and took no advantage of, the drunkenness2. A person who contracted when drunk may ratify his contract on becoming sober3.