Chapter 8 Discussion
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Running Head: CHAPTER 8 DISCUSSION
1
Chapter 8 Discussion
Boming Liu
Howard Community College
10/25/2020
CHAPTER 8 DISCUSSION
2
Voluntary Transfer of Property
A gift is the discretionary transfer of property from a donor to a donee. The donor gets
no consideration from the gift's donee in exchange for the title to the property. A gift must
meet the following requirements to be considered valid; delivery, donative intent, and
acceptance.
Delivery refers to handing over the gift to the donee. There are two types of delivery,
symbolic and constructive delivery (Johnston Jr, 2015). Constructive delivery applies where
the donor cannot hand the gift over literally, but a tangible item that allows access to the gift
is delivered instead, such as a key. In the case study mentioned, David provides the Corvette
convertible key and meets the first requirement. Symbolic delivery occurs where manual
delivery cannot happen, such as in the exchange of a house. A key that does not open
anything can be delivered to symbolize the exchange of the property.
Donative intent dictates that the donor must have a present intention to gift the
property to the donee (Johnston Jr, 2015). For example, if a donor gives a donee a house and
says that it is his intended gift for his birthday in 2 months, the donor can legally reclaim the
gift. In the case study above, David has a present donative intent as he gives Allie the car on
her 18
th
birthday. Therefore, the Corvette qualifies as a valid gift under this requirement.
For a legal property transfer to occur, the donee must accept the gift (Johnston Jr,
2015). Usually, people almost always welcome gifts, and therefore acceptance is presumed.
However, in the case study presented, Allie does not accept the gift. This rejection destroys
the gift as Allie cannot legally accept a gift she once rejected by accepting it later unless
David offers it again.
In conclusion, the Corvette does not qualify as a valid gift as the donee does not
accept it. Therefore, David did not make a valid transfer of the car since Allie did not want it;
hence it remained as David's personal property.
CHAPTER 8 DISCUSSION
3
References
Johnson Jr, A. M. (2015). Contracts and the Requirement of Consideration: Posting a Unified
Normative Theory of Contracts, Inter Vivos and Testamentary Gift Transfers.
NDL,
Rev.
,
91
, 547.
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