GIFT (a

See also:

• COMMON

common

See also:

• TEUTONIC
• TEUTONIC (GERMANIC) LANGUAGES

Teutonic word, cf. Ger.

See also:

• DIE
• DIE (Fr. de, from Lat. datum, given)

die Gift, gift, das Gift,

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• POISON

poison, formed from the Teut.

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• STEM (O. Eng. staefn, stemn, cf. Du. stain, Ger. Stamm, &c., probably related to " staff ")

stem gab-, to give, cf. Dutch geven, Ger. geben; in O. Eng. the word appears with initial y, the guttural of later

See also:

• ENGLISH

English is due to Scandinavian

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• INFLUENCE (Late Lat. influentia, from influere, to flow in)

influence)  , a general English term for a present or thing bestowed, i.e. an alienation of property otherwise than for a legal consideration, although in law it is often used to signify alienation with or without consideration . By analogy the terms " gift " and " gifted " are also used to signify the natural endowment of some special ability, or a miraculous power, in a person, as being not acquired in the ordinary way . The legal effect of a gratuitous gift only need be considered here . Formerly in English law property in land could be conveyed by one person to another by a verbal gift of the estate accompanied by delivery of possession . The Statute of Frauds required all such conveyances to be in writing, and a later statute (8 & 9 Viet. c . 1o6) requires them to be by deed . Personal property may be effectually transferred from one person to another by a simple verbal gift accompanied by delivery . If A delivers a chattel to B, saying or signifying that he does so by way of gift, the property passes, and the chattel belongs to B . But unless the actual thing is bodily handed over to the donee, the mere verbal expression of the donor's desire or intention has no legal effect whatever . The persons are in the position of parties to an agreement which is void as being without consideration . When the nature of the thing is such that it cannot be bodily handed over, it will be sufficient to put the donee in such a position as to enable him to deal with it as the owner . For example, when goods are in a warehouse, the delivery of the key will make a verbal gift of them effectual; but it seems that part delivery of goods which are capable of actual delivery will not validate a verbal gift of the part undelivered .

So when goods are in the possession of a warehouseman, the landing over of a delivery

order might, by special custom (but not otherwise, it appears), be sufficient to pass the property in the goods, although delivery, of a bill of lading for goods at sea is equivalent to an actual delivery of the goods themselves .