Legal Question in Personal Injury in Indiana

Joe finds out his lottery ticket has hit for a $1 million prize. In the excitement of the moment, Joe tells Fred, �I�m so happy, I�m going to give you half.� By the time Joe receives the prize, he has calmed down and refuses to give Fred half. What is the most likely result if Fred sues Joe for breach of contract.


Asked on 5/14/10, 7:22 am

1 Answer from Attorneys

Larry Jackson Jackson Law Firm, LLC

Fred will lose. Joe does not have to keep the promise. The only exception to this would be if Fred could prove that he reasonably relied upon the promise (unlikely anyone could reasonably rely on such a promise) and changed his position in reliance upon the promise to his detriment. Such as, if Joe and Fred had such a close relationship that it would be reasonable for Fred to have relied on this promise and once Fred reasonably relied upon the promise, he took out a huge mortgage or otherwise obligated himslef to something, the court may apply a legal concept called promissor estoppel to make Joe live up to his promise. Seems ulikely in this scenario, but it is at least a possible theory....

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Answered on 5/19/10, 7:35 am


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