Gifts - Video 1

Question 1

One who gives something without receiving consideration for the transfer. (Gift giver)

Answer 1

Donor

Question 2

Donor

Answer 2

One who gives something without receiving consideration for the transfer. (Gift giver)

Question 3

One to whom a gift is made, the recepient of a gift.

Answer 3

Donee

Question 4

Donee

Answer 4

One to whom a gift is made, the recepient of a gift.

Question 5

Handing over a key or some other object that will provide access to the gift.

Answer 5

Constructive Delivey

Question 6

Constructive Delivery

Answer 6

Handing over a key or some other object that will provide access to the gift.

Question 7

The key to a lockbox

Answer 7

Constructive delivery

Question 8

The code to the alarm that will let you in and the gift is on the counter.

Answer 8

Constructive delivery

Question 9

When you provide something that gives access to the gift

Answer 9

Constructive delivery

Question 10

Handing over somthing symbolic of the property

Answer 10

Symbolic Delivery

Question 11

Symbolic Delivery

Answer 11

Handing over somthing symbolic of the property

Question 12

A written instrument declaring a gift of the subject matter.

Answer 12

Symbolic delivery

Question 13

My birthday and I opened the gift and there was a page of a catalog that had a gift circled and a note that said happy birthday it will be here in 7-10 days.

Answer 13

Symbolic delivery

Question 14

A gift made in contemplation of death from some immediate illness (if donor does not die, he gets the gift back.)

Answer 14

Gift Causa Mortis

Question 15

Gift Causa Mortis

Answer 15

A gift made in contemplation of death from some immediate illness (if donor does not die, he gets the gift back.)

Question 16

Gift Causa Mortis: A gift made in contemplation of death from some immediate illness (if donor does not die, he gets the gift back.) - it is not always an ________, it can be a _______ ________.

Answer 16

Illness
Car accident

Question 17

It fails if the donor does not die.

Answer 17

Gift Causa Mortis

Question 18

I am feeling poorly and I go to the doctor and the doctor diagnoses me with cancer or a terminal illness. I decide that it would give me great pleasure to give things away and to get to see people receive these gifts. In contemplation of my imminent death I start giving gifts causa mortis to various friends and family members. Let’s imagine that a miracle comes along and they figure out how to cure my type of cancer and the good news is, I am going to live. The bad news is that

Answer 18

all of those people I gave gifts to it doesn’t work anymore the gift fails and if I still want to those people to have those things, I would typically need to get the gift back and then physically redeliver it. Taking the gift causa mortis factual scenario out of the equation.

Question 19

I think I am going to die from cancer that I am diagnosed from but instead, I get hit by a bus on the way to the hospital, gift _____ because

Answer 19

Fails
I didn’t die from what I thought I was going to die from. I did die but from the wrong thing. The gift fails.

Question 20

Driving in the car with a friend and we get into an accident and my side of the gets hit and there’s doesn’t. It becomes obvious to me that I am not going to make it. So I tell my friend who is still in pretty good shape, hand me my keys so I now have the keys to my house in my hand and very ceremoniously and with my dying breath give the keys to my house to my friend and I say friend I want you to have my house when I die and then I die. I die from what I thought I was going to die from and I’ve provided constructive delivery or access to the gift by handing over the key. Have you made a valid gift causa mortis?

Answer 20

I have not made a valid gift causa mortis because the gift was real property and you can’t give real property other than through writing. So the fact that the gift was made out loud an oral gift means it it invalid

Question 21

Could you have given the key to the lockbox where my diamond ring is located? Explain.

Answer 21

You could have successfully given this with your dying breath on the side of the road. That would have been a perfect gift causa mortis but it doesn’t work with land.

Question 22

A gift made between living persons.

Answer 22

Inter vivos gift

Question 23

Inter Vivos Gift

Answer 23

A gift made between living persons.

Question 24

To make a valid gift, three things must be present:

Answer 24

1. Intent to make a present transfer (i.e., give up title now)
2. Deliver of the gift to the donee
3. Acceptance of the gift

Question 25

To make a valid gift, three things must be present:
1. ?
2.
3.

Answer 25

1. Intent to make a present transfer (i.e., give up title now)

Question 26

To make a valid gift, three things must be present:
1.
2. ?
3.

Answer 26

Deliver of the gift to the donee

Question 27

______________might be actual delivery where I physically hand it to you, it might be constructive delivery where I hand you the key to the place where the thing is, or symbolic where I write you a birthday card and I announce the gift in that card which is symbolic delivery.

Answer 27

Delivery

Question 28

To make a valid gift, three things must be present:
1.
2.
3. ?

Answer 28

Acceptance of the gift

Question 29

What type of gifts are typically presumed accepted?

Answer 29

Valuable gifts

Question 30

True of False - A piece of land (or house) can be transferred through an oral gift cause mortis?

Answer 30

False

Question 31

Acquisition by Gift
General rule for delivery of gifts:

Answer 31

If it can be handed over, it must be.

Question 32

O owns a ring and leaves it at A’s house. A finds it and calls O to tell her of the discovery. O says, “A, you can keep it as a gift.” Has O made a valid gift to A?
Explain.

Answer 32

Intent, acceptance (because it is valuable), delivery is satisfied by O leaving it in A’s possession. It would be silly to make O drive to A’s house, pick up the ring out of A’s hand and then hand it back to A in order to effectuate the transfer.
Delivery is satisfied if A has it in her possession. That would be a valid gift.

Question 33

Can O change her mind the next day and make A give the ring back?

Answer 33

Image that O had gone to a dinner party at A’s house and at the time that A called and said oh i have your ring and O was in a good meal and said absolutely you keep that ring as a gift but the next day O realized that maybe it wasn’t properly cooked and she’s got food poisoning and O is like oh my stomach i need that ring back and i’ve changed my mind. Can O yank back that gift that O has already delivered.O cannot no matter how bad that food poisoning is. The gift has become irrevocable once physical delivery has been made.

Question 34

What if A doesn’t call O, but instead brings the ring to a dinner party later in the week and surprises O with it? O takes the ring, looks at it, and hands it back to A saying, “It’s yours, you keep it.” A tries it on, but it is too big, O says, “Let me wear it until you get it sized to fit.” O leaves the dinner, gets hit by a car and dies. A sues O’s executor for the ring. What happens?

Answer 34

Well, it is A’s ring. The intent and the delivery were satisfied and the ring was accepted also by A. O was a bailee when she put the ring back on. She was keeping it for A as a favor so A wouldn’t lose it until A could get an appointment with a jeweler to get it resized. So A is going to prevail in number 3.

Question 35

What if O had said instead at the dinner party, “I promise to leave you this ring when I die?”

Answer 35

That would not work. You can not have a valid inter vivos gift if the intent to transfer isn’t until death. O has to give away some of O’s rights right now. Let’s say A made a delicious chicken dinner but let’s say next week somebody else makes a steak dinner and O says I’m going to leave it to the people that makes steak and the next week someone makes lobster, you could change your mind every week depending on the dinner party that you went to. Because O hasn’t transferred any of O’s rights with the mere promise to leave the ring to someone when they die, that is not a valid gift. Remember, the first element of the gift was the intent to make a present transfer.

Question 36

A type of delivery that provides access to the gift is?
A. Symbolic
B. Constructive

Answer 36

B. Constructive