Can he/she sue me?

Reply #21

TheGameGrl — Tue, 03 Mar 2009 22:55:57 GMT

Sorry folks, verbal contracts and even written ones arent ENFORCEABLE if they go against contractual law.

This scenario does NOT fall under contractual in the premise that both parties gain equally or fairly. Verbal contracts ARENT near as easy or enforceable even if the parameters are there to be met. A He said She said rarely holds up in court.

If I gift a friend a car after winning the lottery it doesnt dictate that they can go after the winnings or show guilt. Separate the situation fr... [ More ]

Reply #20

firstladyrules — Tue, 03 Mar 2009 20:53:47 GMT

SmoothJuice,

If the agreement was on buying the dream car and nothing else then the car is all he is entitled to. He gave you the numbers for the exchange of a car. Only if you default on your word then he has a right to sue you. If there is an attorney involved then he/she will try to get more awarded simply because of the $$ amount and it would also FREEZE your funds. The burden of proof is on the friend. Not saying that the court will agree but it will truly tie your funds until the c... [ More ]

Reply #19

KY Floyd — Tue, 03 Mar 2009 09:15:29 GMT

Maybe you'd know if you had paid attention to the other questions they were posting.

Why would you think that giving somebody a gift would in any way indicate that you might be obligated to give them anything more

Reply #18

KY Floyd — Tue, 03 Mar 2009 09:13:29 GMT

Verbal contracts are every bit as enforceable as written contracts. The only problem is that proving the terms of the contract is usually going to be difficult.

Reply #17

Dead_Aim — Tue, 03 Mar 2009 08:55:34 GMT

jpim,

You really need to read the transcript on that lawsuit. I, like everyone else, thought duh, when I first heard about it on the radio then I found the trial transcript online. She suffered 3rd degree burns and the coffee was 180F degrees, most water heaters in the US are not set above 120F so you don't get scalded. Other customers had complained often to the store that the coffee was way to hot. Their excuse was, we do that for people to want to take it all the way to the office before d... [ More ]

Reply #16

guesser — Tue, 03 Mar 2009 07:49:18 GMT

She won, too.

Reply #15

guesser — Tue, 03 Mar 2009 07:47:20 GMT

I don't know why you say 'apparently paranoid', it was a simple, valid question.

I would not give the person a car - or anything - until it has been deemed legally that that is ALL you are going to get.

If you seemingly give a person a car 'out of thin air', they MAY ask 'great - where's the rest of my winnings ?'

You don't want to 'imply' that you 'owe' anybody anything.

Reply #14

Greg — Tue, 03 Mar 2009 03:31:13 GMT

Verbal contracts are not enforceable in a court of law. (most lawyers)

[but]

Money can't buy you love. (Lennon McCartney)

[however]

To have a friend is to be one. (Emerson)

[keep in mind]

Nobody loves you when you are down and out. (title of a famous song, author I cannot now remember!)

When you are UP and RICH, remember your TRUE friends, as well as the poor and all the oppressed. Remember them when you are not rich. (just my view... [ More ]

Reply #13

LEELEESMOMMY — Mon, 02 Mar 2009 20:47:03 GMT

1st I want to say that verbal contracts are enforceable - 2nd it all depends on what the parties understood the agreement to be. Lastly, if you think your friend would sue you - pick ur own numbers

Reply #12

ArtVandalay — Mon, 02 Mar 2009 05:52:13 GMT

Concerning Verbal Contracts. A verbal contract isn't worth the paper it's written on.

Reply #11

larry3100 — Sat, 28 Feb 2009 23:06:45 GMT

If my friend gave me three numbers that got me the mega lottery.I would thank him and give him a car,house and a all paid trip to anywhere in the world.But if my friend gave me the three numbers and half the money of that ticket,it's a new ballgame.We would have to split it two ways.End of story.

Reply #10

MillionsWanted — Sat, 28 Feb 2009 20:15:33 GMT

I wouldn't ask a friend of mine for three numbers to play on the lottery if my intention wasn't to share the winning with him.

Reply #9

Blackie — Sat, 28 Feb 2009 19:28:41 GMT

I think the key is just for kicks . That could be a verbal agreement meaning just for the hell of it. Doesn't mean a share of it, but it has to be what was said at the time. Also whether this friend agreed to be happy with the promise of a new Dodge Charger if YOU win such as I win as you stated and be happy with the car when told I , such as you , will buy you a new car if I win , not if we win.

I'm no lawyer but I have seen first hand the way a lawyer can turn the simple word or words yo... [ More ]

Reply #8

DC81 — Sat, 28 Feb 2009 16:29:29 GMT

I would suggest you actually do a bit of research on the case before going by the media's portrayal of it.

Reply #7

GamerMom — Sat, 28 Feb 2009 16:01:41 GMT

i won't even get tickets for anybody (I live in a non lottery state and drive to florida to get mine). Someone said something to me the other day jokingly I ought to give you some dollars to get me some powerball tickets I said nothing in reply and i think she got the hint. I could imagine the lawsuit over that if she won; she would claim i kept her tickets and gave her mine. or if she won i would never get over it. she even said If I won i'd give you $5 for gas...hahaha um not funny.

Reply #6

jackpotismine — Sat, 28 Feb 2009 15:11:31 GMT

Don't make any promises. Pick you're own numbers. People can sue you for anything even if just to put you through the ringer. Remember the case of the woman that sued McDonald because the coffee was too hot and she got burned? Duh, coffee is suppose to be hot. Pick your own numbers.

Reply #5

RJOh — Sat, 28 Feb 2009 14:41:06 GMT

I suppose if you only bought one ticket and won, an ex-friend who suggested three of the numbers you played might make a convincing argument to someone that he deserved a large share of your winnings.

Such a case would be harder to make if I was a winner because I always play more than one line using at least 25 different numbers. Besides for me playing the lottery is a personal experience that I never share with others because I'm not interested in hearing their opinions about how or what I... [ More ]

Reply #4

fja — Sat, 28 Feb 2009 14:14:54 GMT

Although I agree with Ky Floyd that the contract would be fullfilled, if the friend sued you he would be spinning a tale of you promising to split and not doing so. The car can be interpreted as a sign of guilt on your part, and probably evidence that he did assist you in some manner. The fact that he is lying about the verbal agreement is evident to you, but to a resonable person (judge/Jury), this can pose it's own challenges.

Reply #3

KY Floyd — Sat, 28 Feb 2009 08:13:32 GMT

For the most part, the lottery's rules are completely irrelevant to any contract that players may have about splitting the proceeds. The only significance of the ticket being a bearer instrument is that proving ownership may be difficult if there's a dispute. If there's a legitimate contract about how to share any proceeds, it will be proving the details of the contract that matters. In the example from the original (and apparently paranoid) poster, I'd say the only requirement of the contract w... [ More ]

Reply #2

justxploring — Fri, 27 Feb 2009 19:20:49 GMT

Although there is such a thing as a verbal contract, the Lottery rules are usually very clear. If you are the ticket bearer and your signature is on the back, it's your money. We've had debates here about finding a ticket, etc., but in this case, if you paid for it and the surveillance camera shows you as the buyer, I don't see how he can have a case at all.

By the way, if a friend of mine picked 3 numbers and I won, I'd probably split the jackpot. After all, there are only 5 numbers and the... [ More ]

Reply #1

ThatScaryChick — Fri, 27 Feb 2009 19:07:47 GMT

Yeah, he could sue you, but people can sue anybody for anything. Would he win? Maybe, maybe not. It probably depends on how good of case he has (if he has some proof that you said you would share with him) and if he has a good lawyer.

Can he/she sue me?

SmoothJuice — Fri, 27 Feb 2009 19:02:17 GMT

Let's say that I pay for a Mega Millions ticket but I had my friend pick 3 numbers just for kicks . I told my friend that I would buy him his dream car, a 2009 Dodge Charger SRT8, if I win. If all of my numbers match and I win, even after buying him his dream car, could he sue me to get a big share of my lottery winnings just because he picked 3 numbers?

Just asking because I heard so many things people do to lotto winners to get a share of the money.