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A bar bet is a bet made between two patrons at a bar. Bar bets can range from wagers about little-known trivia, such as obscure historical facts, to feats of skill and strength. Some bar bets are intended to trick the other party into losing.
In a jurisdiction, bar bets may or may not legally binding. Especially if gambling is illegal in the winning party's jurisdiction, it may be difficult to have a court enforce the bet. [8] 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 would thus be found void or voidable. [9]
However, the fact that the agreement is oral but not written does not undermine it: oral contracts are valid, [10] though certain contracts must be written, under the statute of frauds, such as for the transfer of land. [11]