Acquisition by Gift

Question 1

Gift

Answer 1

A gift is a present, gratuitous, unconditional, transfer voluntarily made by the Donor to the Donee without payment or consideration of any kind.

Question 2

3 Requirements of a Gift

Answer 2

1) Donative Intent
2) Delivery of gift to donee (actual, constructive, or symbolic)
3) Acceptance of the gift by the donee

Question 3

Will Courts always require delivery?

Answer 3

Not always.

If intent is strong enough, may not require a delivery. (Gruen v. Gruen)

Question 4

Constructive delivery?

Answer 4

When you don’t deliver the actual object, but you transfer the means to obtain it.

E.g. Someone gives you a yacht, can’t actually deliver – if they say “here are the keys” then there is a constructive delivery

Question 5

Symbolic delivery?

Answer 5

When you hand over something symbolic of the property given

E.g. Boat, but someone hands you a small model of the boat – might be able to claim that the model was a symbol of the actual boat.

Question 6

Is acceptance ever a problem?

Answer 6

Not usually - the law presumes acceptance

Question 7

Is there a connection b/w intent and delivery?

Answer 7

Delivery is the best evidence of intent

The stronger the evidence of actual delivery, the stronger the case you can make for intent (Newman)

Question 8

Types of Gifts (2)

Answer 8

1) Inter Vivos gift

2) Gift Causa Mortis

Question 9

Inter Vivos Gift?

Answer 9

A gift that is irrevocable

E.g., I say “my computer is yours,” it is physically delivered to you – acceptance is presumed. I can’t ask for it back because it is irrevocable.

Question 10

Gifts Causa Mortis?

Answer 10

A gift made in fear of immediate approaching death

Gift is revocable because motivation of donor making the gift is different – motivated by fear of immediate approaching death

The donor must die of the circumstances which gave rise to the fear – otherwise the gift is not valid