Mr. and Mrs. Smith were regular participants in a lottery pool with their friends. Each Friday, the

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Mr. and Mrs. Smith were regular participants in a lottery pool with their friends. Each Friday, the group would meet at the local pub and contribute to a pool of cash that would then be used to purchase lottery tickets. The group agreed that if a winning ticket were purchased, the amount would be shared among the participants. There was also discussion that if someone in the group did not come to the pub on the day in question, another person present would contribute on the missing person’s behalf and get paid back later. On one Friday, the Smiths did not attend the pub and therefore did not contribute to the pool of lottery cash but they trusted that their friends would contribute on their behalf. This did not happen. One of the tickets purchased turned out to be a winner and Mr. and Mrs. Smith say they are entitled to a share. The others in the group say that only those who actually paid into the pool for that winning ticket are entitled to a share of the prize. Which view do you think is correct and why?

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Canadian Business And The Law

ISBN: 9780176795085

7th Edition

Authors: Philip King Dorothy Duplessis, Shannon O Byrne

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