Becky,
First, I am sorry that you were made to endure such a stressful event. Only two pliable
defenses in Florida may invalidate your standing agreements with Ed, Capacity to Contract and
Duress. I implore you to understand that a contract signed under the influence of alcohol may or
may not be valid. I can petition the courts on your behalf to declare the initial contract void
because you could not contract because you could not have understood what you agreed to in
such an intoxicated state. However, we must prove that drinking an entire champagne bottle
resulted in intoxication and impairment. Yet, I must advise you that if Ed insists he was not
aware that you were intoxicated to the extent of impairment, arguing that you could not contract
will likely fail.
In anticipation, let us suppose the court finds that the initial contract did exist despite
your having drunk an entire bottle of champagne before the initial contracting. I would then be
forced to defend your interest under the protections of Duress and Undue Influence based on
your description of the incident between yourself, Ed, and his associate. Because being pressured
to sign a contract in the manner you described constitutes duress or coercion, which means you
signed the agreement against your will. Yet again, under Fla. Stat. § 673.3051(2) we bear the
burden of proving
1. That the act sought to be set aside was effected involuntarily and thus not as an
exercise in free choice or will.
2.That this condition of mind was caused by some improper and coercive conduct of the
opposite side.
Should you wish to proceed, we must act swiftly and seek sufficient evidence to invalidate the
arrangements, as the contracts are considered valid until proven otherwise
