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Can he/she sue me?

Topic closed. 21 replies. Last post 8 years ago by TheGameGrl.

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United States
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June 16, 2006
1969 Posts
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Posted: March 3, 2009, 2:47 am - IP Logged

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 was that  the friend would be given a car, so the contract was fulfilled when the winner bought him the car.

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.

    guesser's avatar - Lottery-017.jpg

    United States
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    June 16, 2006
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    Posted: March 3, 2009, 2:49 am - IP Logged

    I Agree! 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.

    She won, too.

      Dead_Aim's avatar - canstock2002989

      United States
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      August 20, 2004
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      Posted: March 3, 2009, 3:55 am - IP Logged

      I Agree! 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.

      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 drinking it. They thought nothing of the people that wanted to drink it then. It is a very interesting case. After reading it I thought she had every reason in the world to sue McDonald's and if you read it I think you will see why she won. Even though they reduced her winning to a much smaller amount when McDonald's appealed.

      As far as the original question, they may give you the numbers but until they fork over half the cash to play you owe them nothing. Holding up your end of the bargain with the car should be all you are entitled to give, since you said you would.  People can spit out numbers for you to play all day and that can be fun, but if they are not paying to play, what can they expect in return?

      Don't Chase... Compare and Narrow

      The Cheaper the Cost the Higher the Profit

      Many Winners to You.

      D_A

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        NY
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        Member #23835
        October 16, 2005
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        Posted: March 3, 2009, 4:13 am - IP Logged

        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)

        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.

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          NY
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          October 16, 2005
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          Posted: March 3, 2009, 4:15 am - IP Logged

          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.

          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?

            firstladyrules's avatar - animal butterfly_neg.jpg
            hampton,va
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            November 30, 2008
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            Posted: March 3, 2009, 3:53 pm - IP Logged

            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 case is heard.  This is not a small claims case because small claims courts can only hear cases $5,000 and under. So, I know you will do the right thing and possibly bless him with extra because of your wealth.

              TheGameGrl's avatar - character catafly.jpg
              A long and winding road
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              June 10, 2005
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              Posted: March 3, 2009, 5:55 pm - IP Logged

              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 from the circumstance.

              Car dealers are perfect examples of using verbal promises in selling then when you go to buy the car, its never mentioned on paper. Reason- verbal talk means nothing in a contractually written agreement.

              ~~Is it true, Is it kind,Is it necessary. ~~~

               Thanks be to the giving numbers: 1621,912,119 02014