TITLE

DON'T BET ON IT: CASINOS' CONTRACTUAL DUTY TO STOP COMPULSIVE GAMBLERS FROM GAMBLING

AUTHOR(S)
Slavina, Irina
PUB. DATE
February 2010
SOURCE
Chicago-Kent Law Review;2010, Vol. 85 Issue 1, p369
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
To address the problem of compulsive gambling, most states with commercial casinos have enacted statewide self-exclusion programs-a mechanism by which patrons petition to be physically removed from a casino if they are discovered on the premises. The casinos in the remaining states voluntarily instituted facility-based programs to assist problem gamblers in fighting their addiction. But besides having any intended effect, these programs provided gamblers with a new ground for lawsuits-breach of contract. This note argues that neither states nor individual casinos should be liable to self-excluded patrons for breach of contract, even if they enter a casino and lose money while gambling. First, no contract exists between the states and self-excluding gamblers because in administering the self-exclusion programs the states simply fulfill their preexisting statutory duty and, in any event, the states are shielded from such lawsuits by sovereign immunity. Likewise, casino-administered programs do not create contractual relationship due to lack of consideration. Casinos are not bargaining for their patrons to refrain from gambling. Rather, casinos are simply providing their patrons with an accommodation or social service to promote responsible gaming. But even if the contract was established, every self-exclusion form contains an exculpatory clause that prevents any liability on the part of the states and casinos. These clauses should be enforceable as dictated by public policy. To hold otherwise would shift the main responsibility for compliance from the patron to the casino which would be counter-productive to the program's goals.
ACCESSION #
48546412

 

Related Articles

  • Neuronal and psychological underpinnings of pathological gambling. Singer, Bryan F.; Anselme, Patrick; Robinson, Mike J. F.; Vezina, Paul // Frontiers in Behavioral Neuroscience;Jul2014, Vol. 8, p1 

    The authors reflect on the neuronal and psychological underpinnings of pathological gambling (PG). They say that a research by Zack and colleagues assessed the hypothesis that exposure to reward unpredictability can recruit brain dopamine (BD) systems similar to chronic exposure to drugs of...

  • KICKING THE HABIT. Chambers, Andrea // Time;12/6/1976, Vol. 108 Issue 23, p75 

    The article offers information on the therapeutic talk sessions done by the members of Gamblers Anonymous (G.A.) chapters in the U.S. to rehabilitate gambling addicts. It states that the confessions between its members lasted for 3½ hours that was held during its weekly meeting in a church...

  • PROBABILITY DISCOUNTING IN A SAMPLE OF AMERICAN INDIANS: GAMBLING AS AN ESCAPE PREDICTS DISCOUNTING OF MONETARY, BUT NOT NON-MONETARY, OUTCOMES. Weatherly, Jeffrey N.; McDonald, J. Douglas; Derenne, Adam // Analysis of Gambling Behavior;Summer2012, Vol. 6 Issue 1, p37 

    The present study investigated the relationship between measures of gambling and the process of probability discounting in a sample of participants from a population that has historically shown high rates of gambling problems. Thirty nine American Indian university students complete the South...

  • Internet Gambling and Problem Gambling Among 13 to 18 Year Old Adolescents in Iceland. Olason, Daniel Thor; Kristjansdottir, Elsa; Einarsdottir, Hafdis; Haraldsson, Haukur; Bjarnason, Geir; Derevensky, Jeffrey L. // International Journal of Mental Health & Addiction;Jun2011, Vol. 9 Issue 3, p257 

    This study reports findings on Internet gambling and problem gambling among Icelandic youth. Participants were 1.537 13-18 year-old students, 786 boys and 747 girls. Results revealed that 56.6% had gambled at least once in the past 12 months and 24.3% on the Internet. Gender and developmental...

  • Online Help for Problem Gambling Among Chinese Youths. Lee, Chang // International Journal of Mental Health & Addiction;Dec2011, Vol. 9 Issue 6, p672 

    The objectives of this study were to determine the perceptions and accessibility of online help for problem gambling among Chinese youths. A group of undergraduates participated in a survey cum laboratory exercise to search for help for problem gambling in Macao, Hong Kong, and China. Online...

  • Impulsivity as a Moderator and Mediator Between Life Stress and Pathological Gambling among Chinese Treatment-Seeking Gamblers. Tang, Catherine; Wu, Anise // International Journal of Mental Health & Addiction;Aug2012, Vol. 10 Issue 4, p573 

    This study examined the role of impulsivity and its interplay with gambling correlates in influencing the severity of pathological gambling in Chinese societies. It also investigated the extent to which impulsivity would moderate and/or mediate the relationship between life stress and...

  • An Analysis of Elderly Gamers' Trip Characteristics and Gambling Behavior: Comparing the Elderly with Their Younger Counterparts. Moufakkir, Omar // UNLV Gaming Research & Review Journal;2006, Vol. 10 Issue 2, p63 

    The purpose of this study was to examine trip characteristics and gambling behavior of the elderly and compare them with those of other age groups. Visitors to two large Midwestern commercial land-based casinos completed a follow-up telephone survey. Of the 32 represented variables, 11 indicated...

  • Battling addiction. Marlin, Steven // Casino Journal;Dec2006, Vol. 19 Issue 12, p30 

    The article discusses the increasing issue of problem gambling. It defines those people with gambling procedures that has a negative impact without necessarily destroying lives compared to alcohol or substance abuse. The gaming industry contemplate its responsibility to provide a safe and...

  • Casino Taxation in Macao: An Economic Perspective. Gu, Xinhua; Tam, Pui // Journal of Gambling Studies;Dec2011, Vol. 27 Issue 4, p587 

    Macao's gaming industry has experienced dramatic growth for 8 years, yet with certain social costs due to compulsive gambling. The government has come under pressure for tax cuts even though its gaming receipts are falling relatively to the casino retained revenue. The request for tax relief is...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics