Who Should Get The Prize ?

[Canary42]

An intriguing case has arisen in Canada. A woman stole a credit card and used it to buy a lottery ticket. The ticket then won £29,000 prize. The lottery company say that only legally acquired tickets are eligible for prizes, so the money will go back into the lottery fund.

Now, while it is only right perhaps that the women should be denied the prize, I think that if I was the credit card owner I would say the prize should go to me ("well I would wouldn't I").

What do you think of this decision ?

https://www.bbc.co.uk/news/world-us-canada-47077141

[Zacs-Master]

No one. The person who’s card it was didn’t buy it. And clearly not the thicko who stole the card.

[Ken4155]

Wasn't legally acquired so the Lotto company are correct to keep the prize.

[rockyracoon]

I agree with the lottery company

[Peter Pedant]

strikes me as consistent with common law

the thief clearly didnt - or doesnt. she stole the money so title didnt pass to her....

lotteries used to be unlawful and so when they became within the law it is not surprising they insisted everything be above board ( = no funny business). They have been refusing to pay out to under-18s haven't they? even tho it was the under-18's very own thruppences


now suppose the thief had bought shares in Brexit Inc or something and made a sadding great loss - would the owner be saying - oh yes I am up for paying for that ....

I think it comes up under the category of 'unjust enrichment' or not as Mystic Meg says, and this is AB so it doesnt really matter

[THECORBYLOON]

If I borrowed money off you to buy a ticket and I won the lottery, who should get the prize?

[dannyk13]

You

[marval]

I agree with the lottery company.

[Barmaid]

Well I tend to agree with the lottery company. However i think on behalf of the credit card owner I would argue that it was legally bought and then claim the winnings on a resulting trust basis. It would be worth a punt......

[Canary42]

Thanks for the responses.

As Barmaid says, worth a punt, but as my OP implied with the Mandy Rice-Davies (mis-)quote, probably a non-runner.

The prize of BA goes to Zacs because I liked his no-nonsense expression "the thicko who stole" which had me chuckling.

[jno]

I deduce from ZM's answer that he works for the lottery company...

[Cloverjo]

I think it's probably the right decision.
If someone found a £2 coin on the pavement and decided to try to further his good luck on a lottery ticket which then won a huge prize, would the person who lost the £2 coin be able to claim the prize? I'd say no. Even if there was CCTV which showed the coin falling out of a pocket and the picker-upper er....picking it up.
Tough on the loser, but I think the lottery company is right.

[vetuste_ennemi]

In natura justice (which may or not coincide with the Peter Pedant and Barmaid formal definition - they are, after all, "professionals - Jardine v Jardine) the victim of theft should be compensated for her loss. Accidental benefits of the use of her stolen money (as in the winning lottery ticket), or losses (as in the PP example) are irrelevant, aren't they?

The lottery company does not itself benefit by refusing to payout.

[vetuste_ennemi]

That was meant to be natural with an L.

[-SharonA-]

If your stolen credit card was used to buy tv's etc, do you expect to get the tv???

[Georgiesmum]

I agree with the lottery company.

[waterboatman]

I think the lottery company are correct. The card owner didn't but the ticket(s).

[JJ109]

I think that the credit card company should get the money. If it was a loser, i am pretty sure that the lottery would not compensate the credit card company who will have "paid for" the ticket. The credit card holder will not be charged with the illegal purchase unless there was collusion or negligence. Therefore when it wins, thecredit card company should stand in place of the person who actually bought the ticket. It was their money that was gambled.