Robertson v Anderson [2001] ScotCS 114 (15 May 2001)

Robertson v Anderson [2001] ScotCS 114 (15 May 2001)

The court found as fact that an agreement to share equally any National bingo prize was made between the parties on the night in question. Such an agreement is not a sponsio ludicra but a collateral contract, and is therefore legally enforceable. The pursuer is entitled to a half share of the National bingo prize won by the defender.

Citation
[2001] ScotCS 114
Parties
Pursuer: Isobel Robertson; Defender: Lorna Anderson
Jurisdiction
Scotland
Judgment Date
15 May 2001
Procedural Posture
Civil / Outer House, Court of Session, Proof Before Answer
Outcome
Judgment for the pursuer
Legal Topics
Enforceability of Informal Agreements, Sponsio Ludicra, Collateral Contracts to Gaming, Division of Gambling Winnings
Contract Law Enforceability of Informal Agreements Sponsio Ludicra Collateral Contracts to Gaming Division of Gambling Winnings

Case Brief

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Parties

Isobel Robertson

Pursuer

Lorna Anderson

Defender

Procedural Posture

Civil / Outer House, Court of Session, Proof Before Answer

Legal Issues

  1. 1 Whether an agreement to share bingo winnings was made between the parties
  2. 2 Whether such an agreement is legally enforceable or void as a sponsio ludicra

Ratio Decidendi

The court found as fact that an agreement to share equally any National bingo prize was made between the parties on the night in question. Such an agreement is not a sponsio ludicra but a collateral contract, and is therefore legally enforceable. The pursuer is entitled to a half share of the National bingo prize won by the defender.

Court Disposition

Judgment for the pursuer

Orders

  • Defender to pay the pursuer one half of the National bingo prize won on 21 November 1997, being £54,000.