Gift Flashcards
Where is rules for personal property
S1 LOPA 1989
Tangible personal property
S1 LOPA 1989
Delivery in a legally recognised form
Intention to give by donor
Acceptance by donee
Re Cole
Stated ‘it’s all yours’
Nothing had been done to symbolise delivery
Moore
Can there be a gift if can’t deliver all of it?
Yes - symbolic delivery
Lock v heath
Only made symbolic delivery of one chair
Mort
Where physical delivery is impossible, words can be enough within reason
Constructive delivery
Putting donee in suitable starting point
Strong v bird
Where delivery is impossible, gift perfected
Cain v moon
Donatio Mortis Causa
Cain v moon
Gift made contemplation of death
Must have been delivered to donee with intention of parting with dominion over it
Conditional on death and recoverable upon equity