4

I live in the UK. I was awarded a prize to the value of about £50. At the time the organisation that gave me the prize believed I was the correct recipient, and I did too. However, a few days after receiving the prize it was found that I wasn't the correct recipient. I was told to give the prize to the real winner. Before I could give the prize to this person though I lost the prize. My question is, was the prize still mine due to the fact that I was awarded it in good faith? Should I morally/legally pay for a replacement to be given to the real winner?

feetwet
  • 21,795
  • 12
  • 80
  • 175
S1ippery
  • 43
  • 2

2 Answers2

2

I am not a lawyer. If you want legal advice speak to a lawyer competent to practice law in the UK. I went to the UK once, years ago, and visited London for a day. That is the extent of my knowledge of the UK legal system.

At the time the organisation that gave me the prize believed I was the correct recipient, and I did too.

At this point the organization has given you control of the property which rightfully belongs to the as of yet unknown winner. You are under the impression that the property is yours to dispose of however you wish. Certainly, you do not have or give the impression that you owe anyone any particular standard of care with respect to maintenance of the property.

However, a few days after receiving the prize it was found that I wasn't the correct recipient. I was told to give the prize to the real winner.

This is apparently reasonable: you were mistakenly given possession of property that does not belong to you. It is incumbent on you to return that property to its rightful owner. You should do this as expeditiously as is reasonable given your circumstances.

Before I could give the prize to this person though I lost the prize. My question is, was the prize still mine due to the fact that I was awarded it in good faith?

The prize is not yours, and it never was yours. It was accidentally given to you and not the rightful owner. You seem to acknowledge this yourself. I would not recommend fighting it this way.

Should I morally/legally pay for a replacement to be given to the real winner?

It is not your responsibility to make the owner of the property whole, as you never breached any duty of care to anyone's property. You say the property was lost; suppose instead you sold it, or burned it for fuel, or shot it into space. In all instances, your actions would have been reasonable given that the property had been entrusted to you without any obligations or duties attached. Because there was no breach of any duty there is no liability. If anyone breached a duty it was the organization distributing the prize and they should pay for their negligence/recklessness in giving the prize to the wrong person. If they are smart they have insurance and this is a non-issue.

Patrick87
  • 4,243
  • 17
  • 28
  • So if you didn't like the prize and threw it away, you would be fine. But if you sold the price for cash, would you have to return the cash? – gnasher729 Oct 11 '16 at 08:32
2

You certainly have no moral reason to replace the prize. You cannot be required, morally or otherwise, to make good on their mistake, having already lost the prize that you believed you won in good faith.

Consider a case where the prize is something perishable, such as a bowl of ice cream. They award you the prize, then change their mind an hour later. By then the ice cream is either melted or has been eaten. Unless you won the prize through fraud, no reasonable person would expect you to pay for a replacement prize. You should just politely remind them it is their mistake, not yours and refuse.

Mohair
  • 734
  • 3
  • 7