As introduced in the chapter opener, Howard Browning and Lynn Poirier were a couple. Early on, they

Question:

As introduced in the chapter opener, Howard Browning and Lynn Poirier were a couple. Early on, they promised to share any lottery winnings equally. Fourteen years after that oral promise, Poirier purchased a winning ticket and collected one million dollars. She refused to give Browning half.

Browning sued Poirier for breach of oral contract. Poirier claimed that the oral agreement was unenforceable because the Statute of Frauds requires promises that are not performable within a year to be in writing. The lower court found in her favor and the appeals court affirmed. Browning appealed to the state supreme court.


Questions:

1. Is an oral agreement of indefinite duration to share future lottery winnings enforceable?

2. Who won this case?

3. Why did the court rule in favor of Browning? 

4. The statute of frauds requires that contracts that cannot be completed within one year must be in writing. When does the time begin to accrue? 

5. How long was it from the date of the agreement until Poirier purchased a winning lottery ticket?

6. How could Poirier have kept all the winnings for herself?

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Business Law and the Legal Environment

ISBN: 978-1337736954

8th edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Patricia Sanchez Abril

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