Personal Property 2009

Front 1

Elements of Inter Vivos Gift

Back 1

1. Donative Intent
2. Delivery
3. Acceptance

Front 2

Define Donative Intent

Back 2

Donor must have present mental capacity and intent to make an effective gift of property.

Front 3

Ways to deliver inter vivos gifts

Back 3

1. Actual physical delivery
2. Constructive delivery
3. Delivery by written instrument
4. Symbolic delivery
5. Donee already in possession
6. Gift through agent

Front 4

Actual physical delivery

Back 4

There is actual physical delivery where the donee has acquired dominion and control over this subject matter of the gift.

Front 5

Constructive delivery

Back 5

Items size or location makes physical delivery and practical, but donor surrenders as much control as he possesses.
E.g. X, intending to give Y a 2 ton safe and its contents, gives Y a slip of paper with a combination written on it.

Front 6

Delivery by written instrument

Back 6

is effectual if the writing manifests donative intent, describes the subject matter, is signed by the donor, and is delivered.

Front 7

Symbolic delivery

Back 7

When manual delivery is impossible or impractical, the donor may hand over some object that is symbolic of the actual item.
E.g. X gives Y a key to the safety deposit box.

Front 8

Donee already in possession

Back 8

Intended donee is already in possession of an item donor now wishes to give her [e.g. she has it on loan]; donee need not return item for redelivery but donor must make donative intent of objectively clear.
E.g. X, who has lent a painting to an art museum, writes to the curator stating that the museum may keep the painting as a gift.

Front 9

Gift through agent

Back 9

Donor instructs his agent to deliver a gift to donee. [Donor can recall his agents at the last minute not to deliver the gift]
E.g. X tells jewelry store [X's agent] to deliver a pearl necklace to Y.

Donor delivers gift to donee's agent. [Donor had no power to instruct the agent to return the gift]
E.g. X personally delivers a pearl necklace fot Y to Y's agent.

Front 10

Valid acceptance

Back 10

When gift is beneficial to the donee, acceptance is presumed by law. However, the donee may refuse to accept gift by affirmative act.