One day, while John was going through the trash, he found a winning million$-$dollar lottery ticket. John was ecstatic but tried to keep a low profile. However, the networks spread the story all over the U$.$S$.$ and the news reached Gilbert, the man who threw away the ticket. Gilbert now claims that he did not mean to throw away the winning ticket and that it was an "accident." Gilbert is suing John to regain possession of the lottery ticket and claim the money.

Who should win? Explain, with a full explanation stating the correct and complete rule of law. $($worth $10$ points$).$