You work in a restaurant and one of your regular customers has purchased a lottery ticket and has told you that if he wins the $50 million jackpot,...

You work in a restaurant and one of your regular customers has purchased a lottery ticket and has told you that if he wins the $50 million jackpot, he will give you 10%.  You replied that would be great. When the draw is made on Friday night, you find out that your customer has in fact won the jackpot. You call and congratulate him and remind him of his promise to pay you 10%. He laughs and tells you that he has no intention of giving you any money.

(a) Do you and the customer have a contract requiring him to pay you the money?  If so, why is there a contract?  If not, why not? (Analyze the agreement fully in terms of the four basic elements of the contract - offer, acceptance, consideration and intention)

(b) If you had indicated to the customer that you would pay for her coffee in exchange for a share of the potential winnings and the customer agreed, would your answer to (a) above be any different?  If so, why would your answer be different?