Clayton v Clayton: 1937

It was alleged that the pursuers and the defender had clubbed together to buy a ticket in an Irish lottery. The ticket was bought in the name of the defender, and a sum of money was won. The action was brought to compel him to share the winnings with the pursuers. The parties were alive to the issue of sponsio ludicra, and it was conceded that the obligation to buy the ticket might have been unenforceable on that ground; but neither the parties nor the court raised any question as to whether the obligation to share the winnings might also be unenforceable on that ground.

Citations:

1937 SC 619

Jurisdiction:

Scotland

Cited by:

CitedRobertson v Anderson IHCS 5-Dec-2002
The parties had agreed to share any winnings from their Bingo activities. One sought to reject the contract as an unenforceable gaming contract.
Held: The contention was rejected. It had been suggested that there had been no intention to . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 May 2022; Ref: scu.181876