Jack walks into a bar, he is a little tipsy. The waitress pours him a pint of beer and he pays with all the money he has on him. He makes this statement to the waitress. "Sorry I can't tip you today, but you know what, I have this lottery ticket and if I win, I split it with you." The waitress says, No problem, Jack." Jack later makes a copy of the ticket for the waitress. The next day Jack receives a call from Stephanie the waitress who tells him that she checked the numbers and that he has won $1 million. Stephanie asks, "our deal is on right?" Jack says, "what deal?" She says, "you promised to split the winning ticket with me." He says, "really?" Which of the following is true?
A) Jack will have to split the proceeds with Stephanie on a quantum meruit basis.
B) Jack promised to split the winning ticket with Stephanie and she accepted so a valid contract was created.
C) Stephanie can sue Jack for breach of contract if she does not get her share of the ticket.
D) A contract did not arise because Jack's statement was not an offer.
E) No contract arose because there was no intention on the part of Jack to enter into legal relations with Stephanie.

Question

Quizplus · Accepted Answer

A contract did not arise because there was no intention on the part of Jack to enter into legal relations with Stephanie. His statement was more of a casual promise rather than a legally binding offer.

Jack Walks into a Bar, He Is a Little Tipsy