Wager. Wagers and gaming debts are regarded in the law of Scotland as pacta illicita, as not partaking of the nature of serious business, but as mere pastime and amusement. Hence, no action is competent for the recovery of any sum gained by betting or wagering in any form. The view taken in Scotland is, that courts are instituted to enforce the rights of parties arising from serious transactions, and can pay no regard to sponsiones ludicrae.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Wager.” Public domain.
Legal Subject: Wager |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Gillies v. Carmalt | 1783 | Wager | This case was about the interpretation of a wager. John Gillies, pursuer, entered into a wager with John Carmalt, defender, in which Carmalt bet that he could ride his mare from Glasgow to Dalkeith and back in one day. Gillies brought an action for payment, in which the Lord Ordinary found that Carmalt had thirty days remaining to perform the wager, and that he could lead his horse downhill. Gillies petitioned for reconsideration. |
