Clarence Jackson v. Connecticut Lottery CorporationCV 970483674SSUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD - NEW BRITAIN, ATNEW BRITAIN1998 Conn. Super. LEXIS 2562September 4, 1998, Decided September 4, 1998, Filed NOTICE: [*1] THIS DECISION IS UNREPORTED AND MAY BE SUBJECT TO FURTHER APPELLATE REVIEW. COUNSEL IS CAUTIONED TO MAKE AN INDEPENDENT DETERMINATION OF THE STATUS OF THIS CASE. DISPOSITION: CLC's motion for summary judgment granted. CASE SUMMARY PROCEDURAL POSTURE: Plaintiff lottery winner filed a complaint alleging that the lottery winner's purchase of a lottery ticket created a contract between himself and defendant, the Connecticut State Lottery Commission, and that the commission breached its obligations under the contract by refusing to honor the ticket presented by the lottery winner.OVERVIEW: The lottery winner purchased his winning ticket prior to the drawing. After the one year period for presentment pursuant to Conn. Agencies Regs. § 12-568-5(c) had expired, the lottery winner presented his ticket. The commission refused to honor the ticket. The lottery winner filed a complaint and summary judgment was granted to the commission. The court held that the purchase of thelottery ticket was a contract between the parties. The court further determined that whether or not the lottery winner was aware of § 12-568-5(c) was immaterial because the regulation was incorporated into the contract. The court held that the breach of the contract by the failure of the lottery winner to present the ticket within the one year period was a material breach which excused the performance of the commission.OUTCOME: The court granted summary judgment in favor of the commission.CORE TERMS: ticket, prize, lotto, drawing, lottery, winner, summary judgment, validation, lottery tickets, presentment, matter of law, prize money, deadline, presumed, winning, claimant, material term, time periods, quotation marks omitted, mutual assent, manifestation, undisputed, purchaser, existing law, failure to comply, failure to present, material fact, inter alia, official procedures, regulatory schemeLexisNexis® Headnotes Hide HeadnotesGovernments > State & Territorial Governments > Gaming & LotteriesHN1Conn. Agencies Regs. § 12-568-5(c) provides in part: (1) Prizes may be claimed only in accordance with the official procedures or any emergency procedures as prescribed by the executive director with the advice and consent of the board. (2) To be valid, claims must be presented to the division within the following time periods: Category 2, On-line: one year from thedrawing date printed on the ticket.Civil Procedure > Summary Judgment > Standards > Genuine DisputesCivil Procedure > Summary Judgment > Standards > MaterialityCivil Procedure > Summary Judgment > Supporting Materials > General OverviewHN2Under Conn. Gen. Prac. Book, R. Super. Ct. § 17-49 summary judgment should be granted if the affidavits and other submitted documents demonstrate that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.Civil Procedure > Summary Judgment > EvidenceCivil Procedure > Summary Judgment > Motions for Summary Judgment > General OverviewCivil Procedure > Summary Judgment > Standards > MaterialityHN3In ruling on a motion for summary judgment, the court's function is not to decide issues of material fact, but rather to determine whether any such issues exist. The genuine issue aspect of summary judgment procedure requires that, prior to trial, the parties provide the court with evidentiary facts, or substantial evidence outside of the pleadings from which the material facts alleged in the pleadings can be inferred. In deciding motions for summary judgment, the trial courtis obliged to construe the evidence in the light most favorable to the nonmoving party.Governments > State & Territorial Governments > Gaming & LotteriesHN4A lottery winner's entitlement to a prize is governed by the principles of contract law.Contracts Law > Formation > Acceptance > General OverviewContracts Law > Formation > Offers > General OverviewHN5In order to form a binding contract, there must be an offer and acceptance based on a mutual understanding by the parties. Furthermore, under the law of contract, a promise is generally not enforceable unless it is supported by consideration. Moreover, the contract must be definite and certain as to its terms and requirements.Contracts Law > Formation > Acceptance > General OverviewContracts Law > Types of Contracts > Option ContractsContracts Law > Types of Contracts > Unilateral Contracts > General OverviewHN6Where an offer invites an offeree to accept by rendering a performance and does not invite a promissory acceptance, an option contract is created when the offeree tenders. Such an offer has been referred to as an offer for unilateral contract.Contracts Law > Formation > Acceptance > General OverviewContracts Law > Formation > Offers > General OverviewHN7Manifestation of assent to a contract may be made wholly or partly by written or spoken words or by other acts. A manifestation of mutual assent may be made even though neither the offer nor acceptance can be identified and even though the moment of formation cannot be determined. Manifestation of mutual assent to an exchange requires that each party either make a promise or begin or render a performance.Contracts Law > Contract Interpretation > General OverviewHN8Parties are presumed to have bargained with each other on the basis of existing law, including the judicial construction placed on a statute.Contracts Law > Contract Interpretation > General OverviewHN9There is no dispute that parties contract with reference to existing law, except when the contract discloses a contrary intention. Unless the agreement indicates otherwise, a statute existing at the time an agreement is executed becomes a part of it and must be read into it just as if an express provision to that effect were inserted therein.Contracts Law > Contract Conditions & Provisions > General OverviewContracts Law > Contract Interpretation > General OverviewHN10When contracts are limited by statutory provisions, those provisions are generally considered to be incorporated therein as a matter of law.Governments > State & Territorial Governments > Gaming & LotteriesHN11One who purchases a ticket for an authorized lottery game agrees to abide by the lottery regulations and is bound by the official
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