ChatterBank3 mins ago
How would you feel?
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For more on marking an answer as the "Best Answer", please visit our FAQ.In accepting the stake, the Ladbrokes cashier ...
... who for all purposes of cash transactions, is the company's "employee, agent, servant or authorized representative" ...
... indicated by his/her action that the company's normal rules would not preclude the acceptance of the bet in this instance.
... who for all purposes of cash transactions, is the company's "employee, agent, servant or authorized representative" ...
... indicated by his/her action that the company's normal rules would not preclude the acceptance of the bet in this instance.
Just rifled through my drawers for some of my old (unsuccessful) betting slips.
They are plain on the back. They don't say "subject to our standard Terms of Business"
I would argue that this transaction was not conducted on the basis of the betting shop's Terms of Business.
Evidence in support?
(1) No reference is made to any terms on the documents which forms the record of the transaction (the betting slip)
(2) The terms of the wager were not in accordance with the standard Terms, which, accordingly, could not have applied.
They are plain on the back. They don't say "subject to our standard Terms of Business"
I would argue that this transaction was not conducted on the basis of the betting shop's Terms of Business.
Evidence in support?
(1) No reference is made to any terms on the documents which forms the record of the transaction (the betting slip)
(2) The terms of the wager were not in accordance with the standard Terms, which, accordingly, could not have applied.
Ladbrokes get out:
Under the Gambling Act 2005 a bet is now an enforceable contract and Section 334 repealed the old provisions preventing enforcement.
However, Section 335 of the Act, relating to the enforceability of gambling contracts, states ''...gambling contracts may be void on the same basis as any other contract (for example, on the basis of lack of intention, mistake or illegality)''.
Under the Gambling Act 2005 a bet is now an enforceable contract and Section 334 repealed the old provisions preventing enforcement.
However, Section 335 of the Act, relating to the enforceability of gambling contracts, states ''...gambling contracts may be void on the same basis as any other contract (for example, on the basis of lack of intention, mistake or illegality)''.
Kawa ...
"Mistake" in contract law is different from the simple idea of "making a mistake"
There has to be a fundamental misunderstanding as to the intended nature of the transaction.
Here, both parties understood the nature of the transaction.
One party, "by mistake" did not realise that the bet was otherwise precluded by pre-existing terms.
That is not a "Mistake" in the contract law sense.
"Mistake" in contract law is different from the simple idea of "making a mistake"
There has to be a fundamental misunderstanding as to the intended nature of the transaction.
Here, both parties understood the nature of the transaction.
One party, "by mistake" did not realise that the bet was otherwise precluded by pre-existing terms.
That is not a "Mistake" in the contract law sense.