A group of students went to a pub for a few drinks shortly after their final exam. James Challenged Noel to drink a jug of beer without taking a breath and promised to pay him $100 if he could.

When Noel successfully drank the beer without taking a breath, James refused to pay and so, late, Noel sued James to recover the $100.

Limiting your answer to the issue of intending to create legal relations, explain if Noel would be successful in this matter.