Group 13 06.11.2009

Nguyen Tien Thinh

Pham Duy Thanh

Nguyen Van Son

Dang Phuong Tam

CASE 8 – 209GROUP 13

Acceptances

Pearsall and Alexander

friends for over 20 years

• A half-pint of vodka• Orange juice• Two cups• Lottery tickets

“Package”

They wonBought more

Lottery tickets

Yes

I has no moneyA half of price?

Are you in on it ?

Pearsall Alexander

16/12/1982

The first package bought by Pearsall

Then, Alexander snatched and

scratched boths tickets

Pearsall snatched the tickets, scratched one and

left another one for Alexander

16/12/1982

The second “package” bought by Alexander

Alexander

Refused to split

Won $20.000

Does Pearsall have a right to

half the winnings ?

Yes

- Intent - Definiteness - Communication

AnalyseOffer + Acceptance = Agreement

- Intent- Exactiveness- Communication

meeting of mind

valid validShare fortunes of ticket

Precedent

Plantiff: Richard ZientaraDefendant: Bernice Kaszuba (506 NE2d 1 (IN. 1987)

(Sources: www.lotterypost.com )

Richard Zientara offered Kaszuba to buy tickets for him

She accepted and used moneyhe gave to buy tickets regularly

• However, when it was a $1,696,800 winner she refused to give it to him and claimed the winnings for herself

• He successfully sued her

Judgment in favor of Pearsall was appropriate on this breach of agreement

Verdict

Implication in Vietnam

Plantiff: Mr. N. T. TDefendant: Mr. T. T. L (Ba Ria, Ben Tre Province) (Sources: http://www.phapluattp.vn)

L. bought 4 tickets T. bought 3 tickets

10/2006

Mr.L Mr.T

I have to work, hold tickets for me, please

One of 3 T’s tickets won speacial prize

L scratches 7 tickets without T’s permission

Mr.TMr.L

- L received 100 millions VND, gave 50 millions for T- T did not know which ticket the prize came from and

received 50 millions - 2 months later, T realized then sued L on Ba Tri court

and claimed that L had to pay him 50 millions

No. Give back to me my money !

Decision

Is there any acceptance from T?

NO There is no agreement between T and L.

Judgment in favor of N. T .T was appropriate

Group 13Acceptances

Case 8 – Page 209

Thank for listening !