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Contracts and Poker: Dispute Resolution

by Scott J. Burnham |  Published: Oct 24, 2018


You have a contract to back another poker player. You claim that the player is in breach of the contract but the player does not agree. What can you do? In contract law we have what are called “default” rules. These are the rules that apply unless the parties agree otherwise. These rules are analogous to the settings in your word processing program. You have default settings for fonts, margins, and so forth, and those are the rules that apply unless you take steps to change them. Other rules are regulatory and you are not free to change them. For example, if your contract provides for punitive damages in the event of breach, contract law does not allow you to recover those damages. This is a regulatory rule that you can’t change. When you study the law, one of the important things you learn is which rules are default rules ...

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