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David is a wealthy business owner with no children and is very close with his only niece, Allie. He would like to give her a
large gift for her 18th birthday as a token of his affection for her. After much consideration, he finally decides to buy her a
brand new Corvette convertible. To deliver the gift, David puts the convertible keys on a keychain and hides them in her
coat pocket. He then tells her that her gift is in her coat pocket and the car is hers immediately. She finds the keys and is
delighted. Allie's parents, however, are hardworking and proud and as such, they are hesitant to allow her to accept the
gift. After much pressure from her parents, Allie decides not to accept the gift from her uncle because she does not want
to feel obligated to him. She would feel more comfortable with a less expensive birthday present.
Go through the requirements that a gift must have to be valid. Does the Corvette in question qualify as a gift?
How many elements are necessary for this type of gift to be valid?

Respuesta :

michell96

The requirements that a gift must have to be valid are intention, delivery, and acceptance. The Corvette does not qualify as a gift because it was not accepted and for a gift to be valid all three elements (intention, delivery, and acceptance) are required

When we are going to give a gift to another person, there must be three basic elements so that it can be considered as a gift. Those elements are:

  • Intention: Refers to the intention of an individual to give another individual an object as a token of affection
  • Delivery: It refers to the act of officially delivering a said object to the other person
  • Receipt: It refers to the act of receiving and thanking said gift and assuming it as one's own

According to the above, in the situation presented, the Corvette cannot be considered as a gift because there is the intention and the delivery but not the reception, that is, Allie does not assume that Corvette is hers.

On the other hand, for a gift to be considered as a gift, the three elements must be present because if a person does not have the initiative if an official delivery is not made, and if it is not received and assumed as their own, the gift can not be considered as a gift.

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