Kennedy v Locker

In the case of Kennedy v Locker, the plaintiff sought to enforce an oral agreement against the defendant. The plaintiff alleged that the defendant, while in a drunken state, promised to pay the plaintiff a sum of money. The dispute was heard in the Supreme Court of Queensland.

The primary legal issue before the court was whether the defendant's oral promise made while intoxicated could be enforced against him. A secondary issue was whether the limitation period for the plaintiff's claim was affected by payments made by the defendant. The court had to consider the capacity and intention of the defendant at the time of the agreement, and whether the plaintiff was aware of the defendant's drunken condition.

The court found that the defendant's oral promise could be enforced against him despite his drunken state, as the plaintiff was not aware of the defendant's condition at the time the promise was made. The court also held that the limitation period for the plaintiff's claim was not affected by payments made by the defendant. The court ordered judgment for the plaintiff and directed the parties to attempt to agree upon the amount due. The court further ordered the defendant to pay the plaintiff's costs and listed the matter for further mention or hearing.