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Reclaimed Gift

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Re: Reclaimed Gift

Postby Hairyloon » Wed May 10, 2017 9:54 am

atticus wrote:Revision test: what are the essentials in creating a contract?

Offer: "if you will marry me I will give you this ring"
Acceptance: "yes, oh yes"
Consideration: the ring, for the marriage
Intention to enter legal relations: the marriage.
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Re: Reclaimed Gift

Postby atticus » Wed May 10, 2017 10:18 am

Does anyone else want to critique that analysis?
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Re: Reclaimed Gift

Postby CP09 » Wed May 10, 2017 2:02 pm

"... and now if you please, I'm ready to try this beach of promise of marriage.."

1) quote "... I will give you this ring ..." - might have been better phrased - " in exchange for this ring will you ..." otherwise it's stated to be a gift...

2) the intent to create legal relations is for that immediate contract - not for a possible future one.
3) There is not now a tort of breach of promise - at least not in English law

Have I missed anything out?

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Re: Reclaimed Gift

Postby Hairyloon » Wed May 10, 2017 3:24 pm

CP09 wrote:1) quote "... I will give you this ring ..." - might have been better phrased

What marriage proposal has ever been posed in those words? The words normally used are "will you marry me", and the ring is proffered in a gesture.
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Re: Reclaimed Gift

Postby atticus » Wed May 10, 2017 3:41 pm

In my case, the ring was bought later; no mention was made of any ring between question being popped and acceptance. Is that very unusual?
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Re: Reclaimed Gift

Postby CP09 » Wed May 10, 2017 3:52 pm

I can't claim lots of experience, but we chose the ring after proposal and acceptance.
I suspect that in Hairy's example it would have to be an extraordinary ring!

I believe that a gift is absolute - once given, the original owner has surrendered all ownership rights.
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Re: Reclaimed Gift

Postby Hairyloon » Wed May 10, 2017 3:58 pm

CP09 wrote:I suspect that in Hairy's example it would have to be an extraordinary ring!

Nobody has proposed to me. I'm working from portrayals on the telly.
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Re: Reclaimed Gift

Postby diy » Thu May 11, 2017 6:06 am

The required test to prove a gift where there is no other consideration and A & B are not related is quite high. Simply giving some thing physically is not enough, if it is later challenged. Gifts often turn in to loans when relationships breakdown and the courts are reluctant to rule against this. see http://swarb.co.uk/milroy-v-lord-ca-26-jul-1862/ while the requirements have softened over years. In this case A offered B something they fell out, A took it back and B allowed A to do so.
My suggestions are not legal advice
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Re: Reclaimed Gift

Postby atticus » Thu May 11, 2017 6:55 am

In that 1862 case the gift was not complete. Other steps were required in order to perfect it, and those steps had not been taken. That is why the case failed.

Here we have a gift that has been made and required nothing else to perfect it.

Discuss.
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Re: Reclaimed Gift

Postby shootist » Thu May 11, 2017 7:48 am

Tolkien's "One ring to bind them all" never encountered lawyers, did it.
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