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Enforceability [ edit ]

In a jurisdiction, bar bets may or may not legally binding. Especially 3️⃣ if gambling is illegal in the winning party's jurisdiction, it may difficult to have a court enforce the bet. [8] 3️⃣ A written contract, drawn up soberly the next day and signed by both parties, can avoid doubt.

For example, if one 3️⃣ or both parties are intoxicated when the bet is made, they may be found to lack capacity to agree to 3️⃣ a contract, and the contract thus found void or voidable.[9]

However, the fact that the agreement is oral but not written 3️⃣ does not undermine it: oral contracts are valid,[10] though certain contracts must be written, under the statute of frauds, such 3️⃣ as for the transfer of land.[11]