Therefore all sports betting contracts would tend to be wagering contracts. Wagering contracts under the Indian Contract Act 1872 are voidable contracts.
It shall further include wager, wagering contract, totalisator and pool transaction in relation to any game or sport but shall not include a lottery or betting on a horse race when such betting takes place-
To constitute a wagering contract there must be proof that the contract was entered into upon terms that the performance of the contract should not be demanded.
The blurring of wagering contracts (16) with insurance contracts became prevalent in eighteenth-century England.
(28.) In spite of these statutes, English common law enforced wagering contracts outside of the context of insurance until 1845.
By passing these statutes and providing an implicit definition of what constitutes insurance, the English Parliament made an important distinction between an insurance contract and a wagering contract. (28) While some modern commentators argue that life insurance is not distinct from a wagering contract, (29) these English statutes introduced an idea that helped form the insurance industry by formalizing, in a general way, the requirements of an insurance contract.
(51) Thus, a person is not permitted to seek insurance on himself based on collusion with others when really the transaction is a mere disguise for a wagering contract. (52) In other words, a person seeking insurance on himself "must really, not just nominally, be the person who contracts with the insurance company." (53) Occasionally, the person seeking insurance is not the true applicant.
not always easy to distinguish illegal wagering contracts
from other 'aleatory' contracts that have a legitimate commercial or other purpose and are not considered contrary to public policy.
Such consent is persuasive, "further vindicat[ing] the public policy designed to prevent wagering contracts
on which the insurable interest rule is grounded" (Dou, Chem.
R Moodie, "Gaming and Wagering Contracts: Part I", (1975) 8 Victoria University of Wellington Law Review 22
R Moodie, "Gaming and Wagering Contracts: Part II", (1975) 8 Victoria University of Wellington Law Review 170
S Wellik, "Enforcing Wagering Contracts", (1999) 29 Victoria University of Wellington Law Review 371