A person suffering from a gambling addiction challenged a contract with a gambling provider.
Everybody knows the picture of poor souls sitting in front of one-armed bandits gambling their fortunes away – may it be in shady "gambling caves" or even decadent casinos. As much as you pity those individuals, you can see how they are the perfect target audience (or victims) for gambling providers. But a recent decision by the Austrian Supreme Court is set to thwart such plans.
According to the court, people who suffer from pathological gambling addictions aren't in the state of mind to make reasonable decisions when near gambling opportunities of any kind. While exposed to their weakness, they lack the strength of will to resist the urge and may commit themselves to unfavorable obligations. Therefore, they lack the legal capacity to conclude gambling contracts in such moments of exposition, provided that their addiction is severe enough and pathologically confirmed. This determination is made on a case by case basis. Furthermore, the Supreme Court emphasized that those affected with a gambling addiction are still legally competent to conclude contracts of any sort as long as they are not in a gambling environment while doing so. (3 Ob 243/16f)