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Reclaimed Gift

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Reclaimed Gift

Postby Spankymonkey » Tue May 09, 2017 7:49 pm

Would there be anything to prevent a claimant from pursuing a monetary claim against an individual who reclaimed a gift?

For instance A buys B an expensive birthday present. A and B fall out. A collects all of her things, including the gift, and leaves. B asks for the gift back but A refuses on the grounds that she has the receipt and B cannot prove the item was ever gifted to him.
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Re: Reclaimed Gift

Postby Smouldering Stoat » Tue May 09, 2017 8:07 pm

B may apply for an order under the Torts (Interference with Goods) Act 1977, but he will need to prove his case to the normal civil standard.

A receipt is not necessarily proof of ownership.
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Re: Reclaimed Gift

Postby atticus » Tue May 09, 2017 8:12 pm

There is nothing to prevent such a claim being pursued.

The reciipient may be able to prove ownership by other means. What those are would depend on the circumstances. Were there witnesses to the giving.? Did the recipient show the gift to friends? Did one post a photo on facebook - look what I gave/got from X? That kind of thing and more.
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Re: Reclaimed Gift

Postby dls » Wed May 10, 2017 5:17 am

There is a general rule limiting the ability to enforce a gift. It is a transfer made without consideration, so there has been no contract, and probably no intention to create a transfer in law.
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Re: Reclaimed Gift

Postby atticus » Wed May 10, 2017 5:51 am

The OP describes a situation where the gift has been made. Property has been transferred.

NB whichever Law Reform (Miscellaneous Provisions) Act that says that on the end of an engagement the ring belongs to the person to whom it was given.
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Re: Reclaimed Gift

Postby Spankymonkey » Wed May 10, 2017 7:15 am

Regarding evidence, B claims to have witnesses, photographs and video of the item and a recording of A admitting having given the gift. Not much else.

Should A dispute the claim (which seems unlikely) would this remain within the small claims track?
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Re: Reclaimed Gift

Postby atticus » Wed May 10, 2017 7:40 am

If the value is within Small Claims Track limits, yes.
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Re: Reclaimed Gift

Postby Hairyloon » Wed May 10, 2017 9:13 am

atticus wrote:NB whichever Law Reform (Miscellaneous Provisions) Act that says that on the end of an engagement the ring belongs to the person to whom it was given.

It seems to me that that ought to be only the case if the engagement is broken off by the ring giver. How does it fail to be a contract?
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Re: Reclaimed Gift

Postby atticus » Wed May 10, 2017 9:14 am

Revision test: what are the essentials in creating a contract?
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Re: Reclaimed Gift

Postby atticus » Wed May 10, 2017 9:41 am

Law Reform (Miscellaneous Provisions) Act 1970, s3(2) - a gift of an engagement ring is presumed to be an absolute gift. The presumption may be rebutted by proving the ring was given on the condition that it would be returned if the marriage did not take place. NB no part of that depends on who broke off the engagement.

I once represented a young lady, defending a claim for return of an extravagant ring. I got the case struck out at an early stage on this ground.
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