A less degree of intoxication than that described may serve as a basis for avoiding contracts if the drunkenness was caused by the adversary party,1 or if without causing the intoxication he took an unfair advantage of it.2 In such cases, it is sufficient ground for avoiding the contract if the intoxication was the means by which the drunken person was deceived or misled to his prejudice. These eases do not involve questions of capacity but of fraud and undue influence.3