Torts: Personal Property: GIfts
Gifts – (2 types)
- Inter vivos gift: gifts given during your life time. The issue on the bar is whether there is a gift. Three things must happen:
- Intent to pass title, not merely to part with possession. [Donative intent]
- Recipient (donee) must give valid acceptance, generally silence is enough. It’s only an issue if donee declines an item.
- There must be valid delivery: physical transfer of the object. The actual item or something representative of the item must be handed over.
- Keys (for car or boat)
- A deed/certificate of title (real estate)
- First party checks: Mr. Generous (donor) + Mr. Lucky (donee). Check paid to the order of lucky, signed generous. Check is turned over. Under law of gifts, there has been no delivery until check is cashed. This is because donor is always free to stop payment.
- Third party check: Mr. Generous has check in his possession from his rent tenant. Generous endorses it over to lucky. This is delivered when physical paper check is turned over.
- Stock certificates: considered delivered the minute you physically hand them over.
- Agency: generally it depends on which agent we’re talking about. When the donor gives object to his own agent for purposes of delivery, delivery hasn’t happened yet. Once it goes into the hands of recipient’s agent, it is delivered.
- Gift causa morits: Donor gives gift in contemplation of death. There must be an imminent risk of death likely to occur.
- Not valid if donor survives. The gift is not valid if the donee dies first.