Kasim Lawn Mower Case Summary

There are different types of property that includes: real property such as land and personal property, which may be anything that can be physically owned. A property can be also classified as either private or public property, or tangible and intangible property. The case of Kasim presents some of these types of property including the lawn mower, which is the personal, private and tangible property of John. The properties such as deeds to a property in France, the keys to the car and the last pay cheque offered to Ellen by Ben, who thought that he would surely die at that time, also can be classified as personal, private and tangible property, because all those belonged to Ben and he was able to perceive his properties by his senses.
This cases states that Ben and John has written the same wills, where Kasim was the sole beneficiary of them both. However, due to the chain of …show more content…
The reason for it is that he gave the lawn mower to her in his life time and at that time, he was not aware that he might die. The words of his, ‘The chances of me coming back are remote,’ does not necessary has to be understood as he will die and that is the reason he will not come back.
It proves that Adaeze is entitled to possess the lawn mower and this property will pass to Adaeze as the inter vivos gift.
An inter vivos gift is opposite to donatia mortis causa, which means that a donee can receive a gift only after a death of a donor.
Donatia mortis causa has the three elements that must considered, whether a donor is entitled to it.
The first one is a contemplation of death. It means that a gift has to be made, only when a donor considers that he may die, though a death does not need to happen to a specific cause as it was showed in the case of Wilkes v Allington2, where the donor died from the different disease that he expected to die