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Overview of Gifts and Property Law

This section covers the nature of gifts, their elements, types, and principles related to property law, particularly concerning the concepts of bailments and lost property.

Section 1: Elements of a Gift

• Definition of a Gift: A gift is an intentional transfer of ownership from one person (the donor) to another (the donee).

• Three Key Elements:

  1. Intention to Give Up Ownership:

     • To qualify as a gift, there must be a clear intention from the donor to relinquish ownership.

     • Example: Lending a laptop is not a gift. The donor intends to retain ownership, whereas ownership transfers must be permanent.

  2. Delivery of Property:

     • The donor must physically or constructively deliver the property to the donee.

     • Delivery can occur in several ways:

       • Physical Delivery: The donor hands the gift directly to the recipient.

       • Constructive Delivery: The recipient is given access or control over the item without it being physically transferred (such as receiving keys to a car).

       • Example of Constructive Delivery: If a parent gives the keys to a vehicle as a birthday gift, possession is transferred.

  3. Acceptance by the Donee:

     • The recipient must accept the gift for it to be valid.

     • The gift fails if the donee refuses it, particularly in cases where the gift is unwanted (like old furniture).