Choice 2 -Gift Law - Delivery and Intent

Please respond to all four questions (Part A and Part B)

To transfer ownership of personal property by a gift, the donor must have "intent". There are specific legal parameters that must be met in order for the element of "intent" to be met.

PART A - Do We Have Intent?

Please respond to BOTH scenarios below, by responding to the following questions (for each scenario):

• Does the donor have "intent" to make a gift?
• Why or why not?

Please respond to each scenario in a minimum of 4 sentences.

1. Smith tells Carlson: "I promise to give you my batting gloves when I don't have use for them anymore."

2. Patty tells Penny: "The Picasso is yours. However, if you do anything to annoy me, I will take it right back."

PART B - Do we have delivery?

To transfer ownership of personal property by a gift, the donor must have "deliver" the property. There are specific legal parameters that must be met in order for the element of "delivery" to be met.

Please respond to BOTH scenarios below, by responding to the following questions (for each scenario):

• Has legal "delivery" occurred?
• Why or why not?

Please respond to each scenario in a minimum of 4 sentences

1. Peter wishes to give his brother Paul his car. He hands Paul the keys to the car, which is parked on the street, and says: "Here, the car is yours."

2. Mary and Paula share an apartment, with access to each other's belongings. Mary keeps her bicycle in the front hallway. Mary tells Paula that she wants to give Paula her bicycle. However, the bicycle is never physically moved, and Mary continues to use the bike whenever she pleases.