Legal Question in Civil Litigation in Kansas

consenual agreement

A friend and I made a stupid bet. The bet was on a game of darts, the prize being his girlfriend. The prize was of no consequence and not taken seriously, but was agreed upon by both parties. The question I have is: was the bet a legally binding verbal contract. I claimed that it was, since all parties gave consent. First, is the bet binding since the girl did give her consent? He claims that it is not, since the constitution states that no man made own another. But I argue that she did give consent, and that it is not being taken as ownership over her. Second he claims that he was drunk and therefore the bet was void due to ''diminished capacity'', which I argue is not valid, since I am under the impression that inibreation is not included in the diminished capacity laws. His points are that legally if we were to go through with this, the contract would be void since A: you can not bet another person as the stakes; my reply is that she gave her consent, and B: that he was drunk and therfore in a state of diminished capacity; which I replied was not a legitimate arguement since he was intoxicated and in no way mentally or physically impaired in making a rational decision.


Asked on 10/27/03, 4:42 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: consenual agreement

Prostitution is illegal. If your questions implies that the girlfriend wa sto giv eyou sexual favors to pay her boyfriend's debt, she is a prostitute. Therefore, the bet is not enforceable, since the courts will not order that a crime be committed. From the way you described the situation, your wager may have been illegal itself. Therefore, you should be careful what you put into a serious legal advice web page, as there could be prosecutors catching you with your own typed words.

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Answered on 10/27/03, 3:58 pm


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