Bar Bet - Enforceability

Enforceability

Under contract law, bar bets may or may not be legally binding, and the winning party may have difficulty having a court enforce the bet. A written contract, drawn up soberly the next day and signed by both parties, can avoid doubt.

For example, if one or both parties are intoxicated when the bet is made, they may be found to lack capacity to agree to a contract, and the contract thus found void or voidable.

However, the fact that the agreement is oral but not written does not undermine it: oral contracts are valid, though certain contracts must be written, under the statute of frauds.

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