Lottery agreement legal status
Lottery agreement legal status
Author
Discussion

jakesmith

Original Poster:

9,497 posts

200 months

Thursday 28th January 2021
quotequote all
A good friend of mine promised me, and I have it in writing on WhatsApp (and printed out in both safes plus on the cloud), that should he win Euromillions (which he plays via DD) that he would buy me any car of my choice. Which would be a Ferrari F8 in silver.

I’m sure he’d follow through but I was wondering. In a hypothetical situation where he wins but back tracks on the agreement, can I legally hold him to it? You might say it would ruin our friendship but if he refused me the car he’d be dead to me anyway. More concerned with the legalities than morality please

anonymous-user

83 months

Thursday 28th January 2021
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He might try to claim it was banter rather than a promise (see Mike Ashley). It would depend on the circumstances and what the court decided.

He would probably have better lawyers than you. hehe

BertBert

21,254 posts

240 months

Thursday 28th January 2021
quotequote all
Is there any consideration? If it's just a promise afaik it's not enforceable.

anonymous-user

83 months

Thursday 28th January 2021
quotequote all
BertBert said:
Is there any consideration? If it's just a promise afaik it's not enforceable.
Following the promise the OP needs to bum his way through life and give up his job on the basis he wants to star in YouTubers videos in his forthcoming Ferrari, sell his current car and make no attempt to afford his own good one. Then when* his mate wins the lottery and refuses to buy him a Ferrari he can sue him under promissory estoppel.

I am probably legally very wrong!

Oh, *obviously when rather than if.


itz_baseline

833 posts

250 months

Thursday 28th January 2021
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What if he wins £10. Does he still buy you the Ferrari?

Panclan

907 posts

267 months

Thursday 28th January 2021
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Register your 'syndicate' with Camelot https://www.national-lottery.co.uk/games/syndicate...

Aretnap

1,969 posts

180 months

Thursday 28th January 2021
quotequote all
A simple promise is not enforceable. For an agreement to form a contract, *both* parties must bring something of value (ie consideration) to the table. In your example, only your friend is offering consideration, so no contract.

https://en.m.wikipedia.org/wiki/Consideration

OTOH, if you were to buy your friend a beer, on condition that he buys you a Ferrari if he ever wins the lottery, then you might have an enforceable contract.

RSTurboPaul

13,085 posts

287 months

Thursday 28th January 2021
quotequote all
jakesmith said:
A good friend of mine promised me, and I have it in writing on WhatsApp (and printed out in both safes plus on the cloud), that should he win Euromillions (which he plays via DD) that he would buy me any car of my choice. Which would be a Ferrari F8 in silver.

I’m sure he’d follow through but I was wondering. In a hypothetical situation where he wins but back tracks on the agreement, can I legally hold him to it? You might say it would ruin our friendship but if he refused me the car he’d be dead to me anyway. More concerned with the legalities than morality please
scratchchin

anonymous-user

83 months

Thursday 28th January 2021
quotequote all
Aretnap said:
A simple promise is not enforceable
As a principle, incorrect. See estoppel.

Aretnap

1,969 posts

180 months

Thursday 28th January 2021
quotequote all
RonaldMcDonaldAteMyCat said:
Aretnap said:
A simple promise is not enforceable
As a principle, incorrect. See estoppel.
OK, not *generally* enforceable. There are some circumstances in which it might become enforceable, but as you suggesf they'd probably require the OP to do things which will look less than sensible when his mate doesn't win the lottery.

PrinceRupert

11,631 posts

114 months

Thursday 28th January 2021
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Move to Scotland where a promise can enforceable absent consideration.

jakesmith

Original Poster:

9,497 posts

200 months

Friday 29th January 2021
quotequote all
Ok so we had kids first and gave them all the old baby gear for both kids - they must have had at least £500 if not £1000 worth of kit and clothing off us.
If I draw up a basic letter saying it t was our pleasure to give them all the baby gear and in exchange they agree that if they win multiple millions I can pick a car.
Then I can set a sliding scale so my car can cost up to 1% of their win. So if they win £100k I can put a new set of tyres on my R8, if they win £10m I can get a Maserati GT MC Stradalle or AMG GT or Ferrari California, and if they win £100m I can get an F40 or CGT or something like that.
Maybe something along those lines?

Re the ‘dead to me’ comment, I am a man of my word and sticking to agreements is v. Important to me! I always do it.

Jasandjules

72,588 posts

258 months

Friday 29th January 2021
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PrinceRupert said:
Move to Scotland where a promise can enforceable absent consideration.
And also house buying, oh how I long to be able to buy a house the Scottish Way.

But there is a downside, it does involve living in Scotland (been there, done that!)

omniflow

3,828 posts

180 months

Friday 29th January 2021
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jakesmith said:
Ok so we had kids first and gave them all the old baby gear for both kids - they must have had at least £500 if not £1000 worth of kit and clothing off us.
If I draw up a basic letter saying it t was our pleasure to give them all the baby gear and in exchange they agree that if they win multiple millions I can pick a car.
Then I can set a sliding scale so my car can cost up to 1% of their win. So if they win £100k I can put a new set of tyres on my R8, if they win £10m I can get a Maserati GT MC Stradalle or AMG GT or Ferrari California, and if they win £100m I can get an F40 or CGT or something like that.
Maybe something along those lines?

Re the ‘dead to me’ comment, I am a man of my word and sticking to agreements is v. Important to me! I always do it.
Not sure if you are extremely bored, or whether you are just being deliberately provocative, but you're not coming across as a particularly nice person.

The following only applies if you're being serious - but there is nothing in what you've posted to indicate you're joking.

You're talking about a massively unlikely scenario - but you still want to lock it down and make it legally enforceable.
This person is, apparently, a friend of yours. You gave them your baby gear, which is a pretty normal thing for friends to do, and now you're trying to use that as leverage for something that probably won't happen.
Imagine if your "friend" were to read this thread - and he then realises that the baby gear wasn't in fact a gift, and there are now strings attached.

AngryPartsBloke

1,439 posts

180 months

Friday 29th January 2021
quotequote all
jakesmith said:
Ok so we had kids first and gave them all the old baby gear for both kids - they must have had at least £500 if not £1000 worth of kit and clothing off us.
If I draw up a basic letter saying it t was our pleasure to give them all the baby gear and in exchange they agree that if they win multiple millions I can pick a car.
Then I can set a sliding scale so my car can cost up to 1% of their win. So if they win £100k I can put a new set of tyres on my R8, if they win £10m I can get a Maserati GT MC Stradalle or AMG GT or Ferrari California, and if they win £100m I can get an F40 or CGT or something like that.
Maybe something along those lines?

Re the ‘dead to me’ comment, I am a man of my word and sticking to agreements is v. Important to me! I always do it.
WTF.

After reading this, I find it hard to believe you have any friends let alone a goo done.

I can't see how you could retrospectively use secondhand child rearing crap as consideration in your weird attempt to get something out of your lottery winning friend.

I bet people would never hear the end of it if you got them a drink at the pub.

MorganP104

2,605 posts

159 months

Friday 29th January 2021
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AngryPartsBloke said:
I bet people would never hear the end of it if you got them a drink at the pub.
Comment of the thread, right there! laugh

TheBALDpuma

5,940 posts

197 months

Friday 29th January 2021
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I'm with the OP on this. If my friend wins the EM they better be buying me a car too!

mmm-five

12,342 posts

313 months

Friday 29th January 2021
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I've told my friends that if I win the jackpot on either the National or Euromillions lottery then I will 'sort them out'.

Now, depending on whether they've become closer or more distant friends in the meantime, and how obnoxious they become when they find out I've won, the 'sorting out' might be a couple of £mil or a contract on their life wink

Speed Badger

3,714 posts

146 months

Friday 29th January 2021
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Does anyone else find it weird that in a matey banter conversation along the lines of ' if I win the lottery mate I'll buy you a car of your choice,' that the OP has then printed out copies of this exchange and put it in 'both' safes?

TheBALDpuma

5,940 posts

197 months

Friday 29th January 2021
quotequote all
Speed Badger said:
Does anyone else find it weird that in a matey banter conversation along the lines of ' if I win the lottery mate I'll buy you a car of your choice,' that the OP has then printed out copies of this exchange and put it in 'both' safes?
Pretty sure this is all in jest pal