Wagering Agreement Conclusion





In an insurance contract, the insured must have insurable interest. Without insurable interest, it will be a betting agreement. “One by which two persons who profess to have opposing opinions, who touch on the question of an uncertain future event, mutually agree that, depending on the determination of that event, one wins over each other and that the other must pay or remit to him or a sum of money or another bet; None of the parties who have an interest other than the sum or stake it will win or lose has any other consideration for the conclusion of such a contract by one of the parties. If one of the parties can win, but cannot lose or lose, but cannot win, this is not a betting contract. `(see more) Articles 25 to 30 refer to cases where agreements are merely null and void, although the consideration or object of that agreement is not necessarily unlawful. An illegal agreement is therefore an agreement that is not authorized by law, or it can be said that it is prohibited by law, while it cannot be prohibited in case of non-agreement, “the law can only say that if it is made, the courts will not enforce it”[12]. So what we can deduce from the lines below is that any illegal contract is not valid, but an invalid contract is not necessarily illegal. In Pringle v. Jafar Khan,[11] it was stated that “section 23 indicates in which cases the taking into account of an agreement is unlawful and, in such cases, the agreement is also unenforceable, i.e.





legally unenforceable”. Under section 30 of the Indian Contract Act 1872, betting agreements cannot be enforced in any court because they have been expressly annulled. No lawsuit may be brought in court with the intention of recovering something allegedly won in a bet or a party`s non-compliance with the results of the bet. Therefore, if both parties enter into an agreement with the intention of holding the other party liable in the event of non-performance, the agreement automatically becomes a contract. The third most important feature of the betting contract is that the event may be uncertain, but does not necessarily have to be a future event. Parties can bet on the qualities or attributes of existing things or on the outcome of events that have already happened, they know nothing about these things. The object of the bet is then the correctness of the judgments of each person and not the determination of the event. [20] Moral prohibitions in Hindu legal texts against gambling were not only legally enforced, but they were also allowed to fall into the dist.

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