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A drunk person is not legally incapable and can therefore validly enter into agreements — ordering a taxi ride or a sandwich remains binding. However, with important or disadvantageous agreements, you run a risk: the customer can request annulment due to abuse of circumstances or a temporary mental disorder. If the agreement was disadvantageous, you yourself must prove that he was not drunk.
Alcohol affects decision-making, but someone who is drunk may still enter into agreements — and is, for example, obliged to pay the taxi driver. However, caution is advised regarding important or disadvantageous agreements. It is not without reason that the champagne is poured only *after* the signing.
Drunk people can make agreements
For a valid agreement, the parties must be legally competent. In principle, everyone is, unless the law provides otherwise — such as for minors or people under guardianship. Nowhere does it state that drunkenness renders someone legally incompetent. A drunk person might not be able to walk in a straight line, but can in principle still enter into an agreement — unless they are under guardianship due to alcohol abuse.
However, a drunk customer can get out of the agreement
Significant agreements with drunken customers are ill-advised, as there are ways to get out of them. The customer can ask the court for annulment due to a defect of will, arguing that you took advantage of the circumstances. Alternatively, he can request annulment on the grounds of a temporary mental disorder: in that case, he must demonstrate that he was unable to reasonably assess his interests due to his condition.
If the agreement was disadvantageous to him, the burden of proof shifts: then you must prove that he was not drunk — which is difficult.
Be critical and weigh the circumstances
You have a duty to investigate: you must be certain that the drunk customer really wants what he says he wants. With mild drunkenness, more is possible than with someone who lisps and can no longer spell his name. Even a heavily tipsy customer can perfectly well assess the importance of ordering a sandwich or a taxi ride; selling his car for ten euros or wanting to be driven to Vaduz is another story — especially if he disadvantages himself.
The scope matters too: things rarely go wrong with a croquette sandwich, but they do with a 25-page purchase agreement. And you bear responsibility: you do not let a clearly drunk customer take a test drive, and serving alcohol to a customer who is completely drunk is not permitted under the Penal Code.
Frequently Asked Questions
Is an agreement with a drunk customer valid?
In principle, yes; drunkenness does not render one legally incapable. However, in the case of a significant or detrimental agreement, the client may request annulment due to abuse of circumstances or a temporary mental disorder.
Who has to prove that the customer was drunk?
In principle, the customer. However, the agreement was detrimental to him, the burden of proof shifts, and you must prove that he was not drunk.
Can I let a drunk customer buy everything?
Be critical, especially with large or disadvantageous transactions and in cases of clear intoxication. You have a duty to investigate and bear responsibility (think of a test drive or serving a drink to an adult).
Advice on the validity of agreements
Are you unsure whether an agreement holds up? The legal experts at MKB Juristen advise you on defects of will and the validity of contracts. View our expertise in contract law or schedule an intake consultation .
