Personal property- Donative transfer

Gifts inter vivos (and its effect)

What is it?

• A valid gift 

• Between living persons 

• Not based on imminent death

Effect- title transfer from the donor to the donee, which is then irrevocable 

Gifts cause of mortis (and its effect and exception)

What is it? 

• A valid gift 

• Premised on the donors expectation 

• Of imminent death * ( a reasonable cause of immiment death) 
  
  

Effect- title transfers immediately BUT 

• The gift is freely revocable by the donor 

• And the gift is automatically revoked if:

1. The donor survives the expected peril, 

Or 

1. The donee dies before the donor.

Elements Donative Transfer

1. 1. Voluntary- the donor intended to give the donee the gift

   2. Without consideration- there is no money or contract involved

   a. Present transfer of title- the transaction is occuring now

   b. Present intent

   3. Delivery- donor must deliver the chattel to the donee

Forms of delivery

1. actual- giving physical possession to another

ex. i give my water bottle to Hailey

2. constructive- the donor gives the donee the means to obtain possession of the good, e.g., A gives B the combination to his safe where he keeps his stock certificates hidden, or the keys and title to his car.

3. symbolic- e donor makes a gesture as a symbol of the gift, e.g., A gives B one cow as a symbol of a gift of his whole herd of cattle or delivers a note announcing the gift and explaining what the gift includes.

In Re Cohn

established that symbolical delivery is sufficient only when the conditions are so adverse to actual delivery as to make a symbolical delivery as nearly perfect and complete as the circumstances will allow.

Newman v. Bost