GIFTING OF GOODS

Question 1

what is a transfer

Answer 1

usually someone will acquire legal ownership of a good though someone else - derivatite legal title

Question 2

elements of gifting goods

Answer 2

from wiliams v williams
1. present intention to make a gift
2. appectance by the donee
3. develeiry - actual or constructiv

Question 3

williams v willaim

Answer 3

son claims father promised he would recieve thhe family pianola as a gift, family memeber coroberated this and can assume the son accepted
howveer there was no delivery here as the pianold remained in the living room so the gift was incomplete and there was no legal tranfer of title

Question 4

rowland v stevenson

Answer 4

son claims dad promised he would recieve yatcht as bday gift
number of factors to determine intent and contrusctive delivery when the dad gave him the keys to the yatcht, gift was complete and legal title was tranferrred to son

Question 5

if there is a valid gift

Answer 5

then legal title transferred to the donee
acquire right to possession and all its benefits

Question 6

if the donor still has possession of the chattel

Answer 6

consider whether the donee is a bailee or is laible in conversion or detinue

Question 7

if there is not a valid gift

Answer 7

you could conisder
- whetehr there was a declartory express trust in the alternative –whetehr the donor has died, consider succession