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View Diary: Dean Chambers Has Reneged. (222 comments)

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  •  Also Virginia Code: (2+ / 0-)
    Recommended by:
    glorificus, elwior
    § 18.2-334. Exception to article; private residences.
    Nothing in this article shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator as defined in subsection 4 of § 18.2-325.
    •  I read this exception . . . (1+ / 0-)
      Recommended by:
      elwior

      to mean -- friendly poker game is OK provided that this is done in a private residence and it is not being run as a business operation.  

      However, would this exception allow for an enforceable contract to be part of the private gaming?  You could write a contract, but that doesn't mean that it would be enforceable in court.  I don't see the exception spelling out a right to include a legally enforceable contract.  If I invite some friends to play and one of the players is extended credit by the other players at the table, the only recourse, if the person doesn't pay, is that the person wouldn't be invited back the next time.  I couldn't go to court and try to collect on a gambling debt.  The exception to the law carves out a right to play games of chance in a private residence, it doesn't explicitly provide for the use of an enforceable contract.  Now one work-around might be if that line of credit was tied to some specific collateral.  e.g. so that the context of the suit wouldn't involve gambling, it would involve collection on a debt tied to specific collateral.  But that isn't what's at play here.

      I have no idea what the case law says here.  Maybe there has been some novel legal challenge on the books which would serve as a basis for a new legal challenge, but I doubt it.

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