Clarence Jackson v Connecticut Lottery Corporation CV 970483674S SUPERIOR COURT OF CONNECTICUT JUDICIAL DISTRICT OF HARTFORD NEW BRITAIN AT NEW BRITAIN 1998 Conn Super LEXIS 2562 September 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 the lottery 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 scheme LexisNexis Headnotes Hide Headnotes Governments State Territorial Governments Gaming Lotteries HN1 Conn 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 the drawing date printed on the ticket Civil Procedure Summary Judgment Standards Genuine Disputes Civil Procedure Summary Judgment Standards Materiality Civil Procedure Summary Judgment Supporting Materials General Overview HN2 Under 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 Evidence Civil Procedure Summary Judgment Motions for Summary Judgment General Overview Civil Procedure Summary Judgment Standards Materiality HN3 In 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 court is obliged to construe the evidence in the light most favorable to the nonmoving party Governments State Territorial Governments Gaming Lotteries HN4 A lottery winner s entitlement to a prize is governed by the principles of contract law Contracts Law Formation Acceptance General Overview Contracts Law Formation Offers General Overview HN5 In 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 Overview Contracts Law Types of Contracts Option Contracts Contracts Law Types of Contracts Unilateral Contracts General Overview HN6 Where 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 Overview Contracts Law Formation Offers General Overview HN7 Manifestation 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 Overview HN8 Parties 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 Overview HN9 There 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 Overview Contracts Law Contract Interpretation General Overview HN10 When 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 Lotteries HN11 One who purchases a ticket for an authorized lottery game agrees to abide by the lottery regulations and is bound by the official procedures of that particular game upon a winning ticket holder s failure to claim the prize within the applicable claim period the prize reverts to the prize structure of future games to be distributed to
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