In a jurisdiction, bar bets may or may not legally binding. Especially 💹 if gambling is illegal in the winning party's jurisdiction, it may 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 thus 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]