George’s friend Quentin was helping to renovate George’s home. George realized he needed some pipe to complete a plumbing installation, but didn’t have any cash on him, so Quentin gave him $5. In consideration of that, George said that he would share his $10 Super Lotto ticket with Quentin. George then took the $5., bought the pipe, and Quentin installed it. Later that month, George was declared the winner of the lottery draw, in the amount of $1 million. He tried to hide that fact that he had won, denying to Quentin that he was the winner. He later told him that he had only won $50,000, and in any case, that the winner was one of five tickets he had purchased after the one he said he’d split with Quentin. Does Quentin have an enforceable contract with George, such that he’s entitled to half of the $1 million? What do you think his chances are if he tries to sue George to enforce the contract? Would they be better or worse if George hadn’t denied winning in the first place?
This problem is based on Quiamco v. Gaspar, [1985] B.C.J. No. 1661 (C.A.) (QL).