Gifts

Front 1

Trespass

Back 1

a civil action seeking damages for wrongful conduct causing injury to person or property

Front 2

ratione soli

Back 2

english common law, under which wild animals were considered to be in the "constructive possession" of the landowner

Front 3

Exceptions to the Escaped Animal Rule

Back 3

1) the animal is domesticated or has a habit of returning (animus revertendi)

Front 4

Inter Vivos Gifts

Back 4

a gift "between the living"

Front 5

Legal Consequence(s) of an Inter Vivos Gift

Back 5

1. Donor is no longer the owner of the gift

2. donor cannot re-give the gift at a later time because it is no longer the donor's property

Front 6

Elements of an Inter Vivos Gift

Back 6

1. Donative Intent

2. Delivery

3. Acceptance

Front 7

Donative Intent

Back 7

requires the donor to have the mental intent to make a present transfer without consideration

- consideration = loan/borrowing

Front 8

Delivery

Back 8

the donor has divested himself/herself of absolute dominion and control of the item.

- Without the act of handing over, or relinquishing control, of the item at hand - transference has not occurred and the gift is not valid

Front 9

In modern terms, a lease is ...

Back 9

both a contract and a conveyance

Front 10

Types of Delivery

Back 10

Actual/Manual

Constructive

Symbolic

Front 11

Actual Delivery

Back 11

the manual or physical handing over of the property to the donee

Front 12

Constructive Delivery

Back 12

- when the donor, instead of handing over the item, gives the donee the means to access and control to the property

Front 13

Symbolic Delivery

Back 13

- when the donor gives the donee something that represents the subject of the gift.
(1) Deed of Gift - WRITTEN
(2) have been represented by other items

Front 14

Courts view regarding Constructive &/or Symbolic Delivery

Back 14

- are divided as to whether, and under what circumstances, a constructive or symbolic gift is recognized.

Front 15

All courts concerning constructive delivery

Back 15

recognize a constructive delivery when manual delivery is impossible

(1) MODERN TREND -> recognizing inconvenience of delivery

Front 16

Acceptance

Back 16

i. Requires
- a manifestation of the donee's willingness to receive and retain the subject of the gift

ii. Purpose/Policy
- to ensure that no one is forced to take property from another

Front 17

Conditional Gift

Back 17

- a gift that is given immediately but is subject to a condition that is met at a later date.