‘Reasonable steps’ to prevent gambling
The BBC
reports today that a compulsive gambler has failed in a High Court bid to make
the bookmaker William Hill repay £2 million of his gambling losses. The gambler, Graham Calvert, claimed that the
bookmaker failed in its ‘duty of care’ by allowing him to continue to place
bets after he had asked the company to close his account. The judge recognised that William Hill failed
to take ‘reasonable steps’ to prevent Calvert from gambling, but said that it
was probable that Calvert would have continued to gamble even had such steps
been taken, meaning that William Hill is not responsible for his losses.
Does a
bookmaker have a duty of care towards its customers? The judge in the case thought not, so let us
pose a far more modest question: ought a bookmaker to take ‘reasonable steps’
to prevent its customers from gambling in certain cases? Answering ‘yes’ to the latter question raises
a number of puzzling questions. For
example, what counts as a reasonable step, and under what circumstances ought
such a step to be taken? Consider the
reasons we might believe that pathological gambling is bad: I suggest that
three important reasons are (1) that it is irrational, in that the gambling
behaviour of pathological gamblers is highly unlikely to help realise their goal
of winning money and is highly likely to frustrate this goal; (2) that
pathological gamblers gamble often, and gamble more money than they can afford
to lose; and (3) because of (1) and (2), pathological gamblers are likely to
suffer large financial losses, which can disrupt other aspects of their lives,
such as their personal relationships, health, and career.