{"id":26818,"date":"2023-09-03T20:53:30","date_gmt":"2023-09-03T20:53:30","guid":{"rendered":"https:\/\/legalblog.ie\/?p=26818"},"modified":"2023-09-07T23:00:54","modified_gmt":"2023-09-07T23:00:54","slug":"gambling-contracts","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/gambling-contracts\/","title":{"rendered":"Gambling Contracts"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Gaming\" title=\"Gaming\">Gaming<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Wagering_Betting\" title=\"Wagering \/ Betting\">Wagering \/ Betting<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Statutory_Regulation_of_Gaming\" title=\"Statutory Regulation of Gaming\">Statutory Regulation of Gaming<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Gambling_and_Gaming_Contracts\" title=\"Gambling and Gaming Contracts\">Gambling and Gaming Contracts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Promise_to_Pay\" title=\"Promise to Pay\">Promise to Pay<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Recovery_of_Payments\" title=\"Recovery of Payments\">Recovery of Payments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Agents_Joint_and_Partners\" title=\"Agents Joint and Partners\">Agents Joint and Partners<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Loans\" title=\"Loans\">Loans<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Securities\" title=\"Securities\">Securities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Bare_Security\" title=\"Bare Security\">Bare Security<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Lotteries_I\" title=\"Lotteries I\">Lotteries I<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/gambling-contracts\/#Lotteries_II\" title=\"Lotteries\u00a0II\">Lotteries\u00a0II<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Gaming\"><\/span>Gaming<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Gaming and wagering contracts are generally void. The legislation provides that a contract to recover money or winnings is unenforceable.<\/p>\n<p>No legal action lies to recover money alleged to be won or paid upon a wager or which has been deposited as security for it. A promise to pay a person money in respect of a gambling or waging contract<em>\u00a0<\/em>by way of commission, fee or reward for services connected is void.<\/p>\n<p>Under gaming and lotteries legislation, gaming means playing a game of skill or chance or both, where stakes are hazarded by the players.<\/p>\n<p>At common law, gaming was legal if the element of chance was minimal and the outcome depends on the skill of the participants. Certain gaming and wagers are lawful, subject to conditions by the terms of the Gaming and Lotteries Act.<\/p>\n<hr \/>\n<h3><span class=\"ez-toc-section\" id=\"Wagering_Betting\"><\/span>Wagering \/ Betting<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Wagers were valid at common law before being rendered void by the Gaming Act.\u00a0 This provision is now contained in the Gaming and Lotteries Act, 1956.\u00a0 Every contract by a way of gaming or wagering is void.\u00a0 No action shall lie for the recovery of any money or thing which is alleged to be won or to have been paid upon a wager or which has been deposited to abide the event on which a wager is made.<\/p>\n<p>A promise, express or implied, to pay any person any money paid by him under or in respect of such a contract or to pay any money by way of commission, fee, reward or otherwise in respect of the contract or of any services connected with the contract is void and no action lies for the recovery of any such money.<\/p>\n<p>This invalidation does not apply to any agreement to subscribe or contribute to any plate, prize or sum of money to be awarded to the winner or winners of any game, sport or pastime not prohibited by the Act provided that the subscription or contribution is not a stake.<\/p>\n<hr \/>\n<h3><span class=\"ez-toc-section\" id=\"Statutory_Regulation_of_Gaming\"><\/span>Statutory Regulation of Gaming<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At common law, gaming was legal if the element of chance was minimal and the outcome turned on skill.<\/p>\n<p>By statute, gaming is not unlawful if no stake is hazarded with the promoter or banker other than the right to take part, provided that<\/p>\n<ul>\n<li>only one charge is made in respect of the day on which the game is played,<\/li>\n<li>the charges are the same amount for all players and<\/li>\n<li>the promoter derives no personal profit from promotion of the game.<\/li>\n<\/ul>\n<p>The gaming is unlawful if the chance of all players, including the banker, are not equal, or if part of the stakes is retained by the banker.<\/p>\n<p>A person shall not promote or assist in promoting or provide facilities for any kind of gaming<\/p>\n<ul>\n<li>in which by reason of the nature of the game, the chances of all the players, including the banker, are not equal, or<\/li>\n<li>in which any portion of the stakes is retained by the promoter or is retained by the banker otherwise than as winnings on the result of the play,<\/li>\n<\/ul>\n<hr \/>\n<h3><span class=\"ez-toc-section\" id=\"Gambling_and_Gaming_Contracts\"><\/span>Gambling and Gaming Contracts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A gambling contract is unenforceable.\u00a0 It is not possible to sue the bookmaker, notwithstanding that the bookmaker may be lawfully licensed.<\/p>\n<p>Where a transaction is repudiated before the party performs, the stakeholder must return the money to the person entitled, usually the person who placed the bet.\u00a0 It is recoverable on a restitutionary basis, as money had and received.<\/p>\n<p>A person is not entitled to an indemnity in relation to a gaming and wagering transaction. Where money is paid to the stakeholder, he is an agent for both.\u00a0 Action may not be taken for monies paid by the stakeholder by a way of winning, even if it breaches his authority.<\/p>\n<hr \/>\n<h3><span class=\"ez-toc-section\" id=\"Promise_to_Pay\"><\/span>Promise to Pay<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A promise to pay a person a sum of money by way of a gaming or wagering contract or to pay any commission fee or award in respect of it or services in relation to it that are connected with it is void.\u00a0 No action may be taken to recover the money, or any accounts stated in relation to it.<\/p>\n<p>The fact that the person seeking to recover the money is not a party to the contract or even the fact that he is ignorant that his payment is made by way of wager, does not allow him to recover from a principal. This is unless the principal is estopped from setting up the unlawfulness of the wager or gaming by a representation that the payment is not in respect of a gaming transaction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Recovery_of_Payments\"><\/span>Recovery of Payments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If money is paid at the request of the party to a wager, to the winner or stakeholder as a deposit to abide the event, no action for repayment lies against those who requested its payment.<\/p>\n<p>Money paid to the winner at the loser&#8217;s request is not valid consideration.\u00a0 However, it is not an illegal consideration unless it is paid in respect of a game and in pursuance of a previous arrangement for that purpose.<\/p>\n<p>Even if the wager is valid in the country in which it was made and could be recovered there; it cannot be recovered in the State. Loans made abroad for the purpose of gaming and lottery abroad are recoverable.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Agents_Joint_and_Partners\"><\/span>Agents Joint and Partners<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Even though the agent may not recover on behalf of his principal, he may remain liable to the principal for bets, which he has received.\u00a0 An agent is not liable for failure to carry out a principal&#8217;s instructions even if the bet has been made as the principal would not have been able to recover from the loser and no damage can be proved.<\/p>\n<p>An agreement to enter into a betting transaction jointly or partnership in a betting business is not a wager, nor it does not appear to be a contract way of gaming. Although a partnership in a betting business might be theoretically possible, it is limited in practice by the fact that a partner cannot sue a partner or claim credit for sums spent by way of lost bets. The promise to repay, expressly or implied, is void.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Loans\"><\/span>Loans<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Amounts of money or things lent for the purpose of gaming or betting to those gaming is not recoverable.\u00a0 This principle is limited to money lent directly for the purpose of betting to such as at the time or place of play to persons so placing a bet.<\/p>\n<p>This principle does not apply to money generally lent for the purpose of betting. A loan to enable the borrower to repay a bet is not recoverable if it is made at the time and place of play to the player.<\/p>\n<p>A loan is not recoverable if it is the term of the contract that the money is to be applied in payment of the bet. It is recoverable if the money was lent without any contractual requirement as to the purpose for what is applied or with a contractual requirement that it be used for another purpose.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Securities\"><\/span>Securities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Securities bonds and transfers given in whole or part of consideration for which is money or other things won by gaming or playing at a game or betting on the sides or repaying money knowingly lent for the same or lent at the of the time and places of such play was deemed given for illegal consideration (Gaming Act 1710)<\/p>\n<p>Securities given for other consideration connected with betting transactions depend on the validity of the consideration, Security for money lost by wagers, which are not upon games are given for no consideration with the betting void but no illegal. On the other hand, money lent from making bets is good consideration.<\/p>\n<p>Security given for illegal consideration or no consideration, may not be enforced by the immediate parties.\u00a0 However, in certain circumstances, it may be recovered by third parties by holders in due course, who give value.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Bare_Security\"><\/span>Bare Security<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An agreement to buy and sell a security with the right to redeliver is legitimate.\u00a0 This is so when parties enter the contract with the intention of repurchasing, resellers and realising the profit from its fluctuation in value. Security given for the performance of an obligation without consideration is not enforceable.<\/p>\n<p>Where the agreement, however, is between ostensible buyers and sellers of stocks and shares to pay and receive the difference between the prices in one day and prices on another, they may be contacts in way of gaming and wagering so the differences cannot be recovered at common law. The winner does not have the right to recover damages for the loser&#8217;s failure to pay or purchase or call for delivery of the shares or stock.<\/p>\n<p>The contract may be impugned only where persons stand in the relationship of principals, and there is a wager between them. \u00a0The wager may be on the face of a contract, or it may be implied. There can be no wager between a principal and an agent. Accordingly, if a person employs a broker to buy himself tock, they are principal and agent.\u00a0 The broker obtains a commission for a service, and a change in the price of the stock does not affect him. There is nothing at stake between the parties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Lotteries_I\"><\/span>Lotteries I<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A lottery is a scheme for distributing prizes by lot or chance. In its basic form, parties contribute a find which they agree will be divided between sales.\u00a0 The organizer may or may not be a participant, Between the participants, the agreement is likely to constitute gambling in that all stand to lose what they subscribe<\/p>\n<p>Lotteries are generally unlawful. A <dfn>lottery <\/dfn>includes all competitions for money or money\\&#8217;s worth involving guesses or estimates of future events or of past events the results of which are not yet ascertained or not yet generally known. The courts have held that games which involve no skill constitute a lottery.<\/p>\n<p>Each participant need not make payment to enter.\u00a0 In deciding whether a lottery exists, it is necessary to look at<\/p>\n<ul>\n<li>the distribution of prizes<\/li>\n<li>the fact that the distribution by way of chance<\/li>\n<li>that there is some contribution by the participants in return for obtaining the chance to take part in the lottery.<\/li>\n<\/ul>\n<hr \/>\n<h3><span class=\"ez-toc-section\" id=\"Lotteries_II\"><\/span>Lotteries\u00a0II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>No person shall promote or assist in promoting a lottery. No person shall import, print, publish or distribute sell, offer or expose for sale, invite an offer to buy or have in his possession for sale or distribution any ticket, counterfoil or coupon for use in a lottery or any document containing any information relating to a lottery.<\/p>\n<p>A lottery shall not be unlawful if the sale of chances is confined to\u2014<\/p>\n<ul>\n<li>the members of one society established and conducted for purposes not connected with gaming, wagering or lotteries, or<\/li>\n<li>persons all of whom work or reside on the same premises, and<\/li>\n<li>there is no written notice or announcement relating to the lottery except a notice on the premises of the society or other persons concerned or to members of the society.<\/li>\n<\/ul>\n<p>Lotteries at dances, concerts, carnivals and similar events, the National Lottery, and lotteries held under licence are lawful.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-26818\" data-postid=\"26818\" class=\"themify_builder_content themify_builder_content-26818 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Gaming Gaming and wagering contracts are generally void. The legislation provides that a contract to recover money or winnings is unenforceable. No legal action lies to recover money alleged to be won or paid upon a wager or which has been deposited as security for it. A promise to pay a person money in respect [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[366],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26818"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=26818"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26818\/revisions"}],"predecessor-version":[{"id":26822,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26818\/revisions\/26822"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=26818"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=26818"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=26818"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}