a guest Nov 20th, 2019 110 Never
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- In the case of Terrance Watanabe who blew $127 Million over several months while gambling in casinos in Las Vegas who is claiming he was under the influence of alcohol and or drugs provided by the casino, he is at fault. While people who are usually intoxicated can get contracts voidable as they were too intoxicated to lack mental capacity and there was no meeting of the minds, Terrance Watanabe knowingly drank alcohol and took drugs given by the casino and still choose to gamble. Terrance Watanabe even said he is going to gamble there for 24 hours a day. Though rather than just gamble two decades worth of money he amassed, he also chose to drink heavily while continuing to gamble. Now Terrance Watanabe does have a case as in Nevada law, casinos do not allow visibly drunk customers to continue gambling and also prohibits from offering free drinks to people who are visibly intoxicated. Watanabe was even banned from a casino called the Wynn for gambling while intoxicated. Watanabe was given and decided to drink two to three bottles a vodka a day and chose to take eight to ten “highly addictive pills” (Fletcher, L., Wlach, J., Netter, S., & Escobedo, M. 2009) which were also given to him. It was very unethical for the casino to provide these things to Watanabe, but he was in the eyes of the casino, a whale.
- A whale in terms of the casino is a high roller, someone who consistently wagers large amounts of money. These are people that are given the VIP treatment in casinos. In this case, Watanabe was given a three-room suite, a 17-million-dollar gambling limit, and he even had three personal assistants given to him.
- The only argument Watanabe has is that the Casino was given him alcohol and drugs, but it doesn’t hold up though. Watanabe’s attorney has said “takes full responsibility for his condition at the time… He’s not saying the devil made me do it.” (McNay, D. 2011) This was the only thing Watanabe had going for him, but he admitted to wanting to gamble why intoxicated. Watanabe voluntarily got himself intoxicated. Voluntary intoxicated is intoxicating oneself with knowledge of getting impaired. This is usually done by intaking alcohol or any drugs which Watanabe did. This is not a defense to a general intent crime. The crime that Watanabe is committing is that he doesn’t want to pay the rest of the money that is owed to the casino. The voluntary intoxication defense if tried, would not hold against the crime. There is too much evidence to say that Watanabe knew he wanted to gamble and be intoxicated at the same time. The fact that there was a special vodka imported just for him and the prescription pills that were also given to him which, he decided to take, Watanabe still chooses to gamble.
- The law shouldn’t allow people who become voluntarily incapacitated as a means of escape of contractual obligations. In this case, Watanabe set his mind on gambling and choose to get intoxicated. If a person that is intoxicated entered a contract, it is voidable if the intoxicated person had consumed enough alcohol or drugs to cause an impairment and could not understand legal ramifications of the contract they are entering and if the party trying to get the intoxicated person to agree to the contract, knowing the level of impairment the other person was in. You also need to consider if the people trying to make you sign the contract are trying to impair you. If they are trying to get you intoxicated or impaired, that will be taken into consideration at court. This contract would be valid if the person impaired, still understands what is going on and what he is being contracted into. If the person is still mentally sound and the intoxication wasn’t severe enough, the contract would not be voidable.
- There was clear negligence on the behalf of the casino. The manager of the casino that Watanabe gambled in told his employees to let him gamble even though it was clear that he was visibly intoxicated. As previously stated, casino rules and state laws do not allow anyone who is visibly intoxicated to continue gambling. The employees even claimed they were scared because they believed if they did anything to discourage Watanabe from gambling more, they would be fired.
- Watanabe should be the only party to pay remedies. Watanabe was clear on his actions of wanting to gamble at the casino and later takes on the responsibility of his actions and conditions. The casino had some questionable actions such as giving Watanabe copious amounts of alcohol and pills but, he was never forced to take them. Watanabe was very much encouraged to take them by the casino but, never was he told he had to take them. Though just by putting the alcohol and pills in Watanabe's face, it was clear that the casino was fueling him to keep going. The casinos did allow him to gamble while visibly intoxicated but, again it is later stated that Watanabe does take full responsibility for his actions. Therefore, Watanabe should just pay the remaining 14 million dollars he owes to the casino.
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