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If you win 5 million in lottery tickets and the store owner forgets to issue you a ticket, who will bear the loss?
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Article author：Yingting Lawyers Group | Update time：2023-12-07 | Reading times：1106
A man entrusted a shopkeeper to buy lottery tickets, but he missed the grand prize because the shopkeeper forgot to issue the tickets. Who will bear the loss?
Brief introduction to the case
Lu is a lottery player
Zhang is a sales agent of China Welfare Lottery
Li has been entrusting Zhang to buy lottery tickets through WeChat for a long time.
some day
Lu used WeChat as usual
Inform Zhang of his chosen numbers for purchasing lottery tickets
and send red envelopes through WeChat
Pay more than 20 yuan in lottery money to Zhang
Zhang forgot to print the lottery ticket after receiving payment
The lottery results are displayed later
Ten of the lottery numbers that Lv wanted to buy were consistent with the winning numbers. If the purchase was successful, Lv's winning amount after deducting personal income tax would be more than 4 million yuan.
for this
Lu Mou sued Zhang Mou to the court
Ask Zhang to compensate for losses
referee result
After review, the court held that
Zhang, as a long-term and professional
Agents engaged in the sale of lottery tickets
Have more professional knowledge than the average person
and more convenient advantages
He was accepting the commission from Lu
And after collecting the money from Li to buy lottery tickets,
Too lazy to print lottery tickets
As a result, Li failed to win the prize
Zhang's behavior was subjectively gross negligence, and objectively caused Li to lose the opportunity to win and the amount of the bonus. Therefore, Zhang, as the trustee, should bear the liability for compensation.
In this case
Given that the probability of winning the 5 million yuan grand prize is extremely low
A small probability event in probability science
Zhang’s foreseeable winning amount
It is bound to be diluted by the probability of being shot.
Therefore, it is not appropriate to determine the amount of loss based on the winning amount.
Combine the degree of fault of both parties
The court determined at its discretion that the amount of loss Zhang should bear was more than 240,000 yuan. After the court's judgment, neither party appealed, and Zhang has fulfilled his payment obligations in accordance with the judgment.
Explain by case
trustee of a contract of trust
Even if entrusted for free
Contractual obligations should also be fulfilled
Due to intentional or gross negligence of the trustee
Causing damage to the interests of the client
Should bear liability for compensation
In this case, the trustee, as a lottery sales agent, made a serious mistake in forgetting to play the lottery and should bear the liability for compensation; the client also made mistakes in improper selection and failure to urge and remind. According to the principle of offsetting negligence, the principal shall also bear liability commensurate with his fault.
Judge reminds
Since lottery tickets are anonymous and cannot be reported as lost, you should be cautious when entrusting others to purchase lottery tickets, fully and accurately express your intention to entrust the purchase, clearly agree on the entrustment matters, remuneration payment, etc., and retain relevant evidence in a timely manner, so that when a dispute arises between the two parties, they can more effectively prove the facts of the case and safeguard their legitimate rights and interests.
Source: People's Court News
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