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Contract – Enforceability. A winning lottery ticket was purchased. The purchase involved both the claimant and the defendant. The claimant claimed that there had been no discussion or agreement as to sharing the ticket. The defendant disputed that claim. The Queen's Bench Division, held that on the facts the parties had entered into a contract to jointly play the lottery on an equal basis. It was a term of the contract that any winnings should be shared equally or alternatively that such a term should be implied. The term represented the obvious, but unexpressed intention of the parties and that it was also necessary to give business efficacy to the contract. The whole point of playing the lottery jointly was to hopefully share the winnings jointly.
Contract – Enforceability. A winning lottery ticket was purchased. The purchase involved both the claimant and the defendant. The claimant claimed that there had been no discussion or agreement as to sharing the ticket. The defendant disputed that claim. The Queen's Bench Division, held that on the facts the parties had entered into a contract to jointly play the lottery on an equal basis. It was a term of the contract that any winnings should be shared equally or alternatively that such a term should be implied. The term represented the obvious, but unexpressed intention of the parties and that it was also necessary to give business efficacy to the contract. The whole point of playing the lottery jointly was to hopefully share the winnings jointly.
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