Legal Question in Business Law in California

Re: Lottery Tickets

Is the lottery legal? Some are; many aren't.

If your lottery is illegal, neither party can sue because the contract, if there is one, would be void. You can't breach a void contract because, in the eyes of the law, it does not exist.

If the lottery is legal, I'd say the ticket itself is not a contract. It is only evidence of the existence of a contract. A legal lottery probably involves a contractual relationship between the promoter and the ticket purchasers. A court would then look to see whether the correct date was publicized in other material. It would look for the actual understanding of the buyer and seller of the ticket at the time of sale. Finally, of course, for anyone to sue and recover even if there is a breach of contract, the plaintiff must show damages. It's hard to see how any one plaintiff could claim and prove damages greater that the price of his ticket(s).