See also:term for a
See also:present or thing bestowed, i.e. an alienation of
See also:property otherwise than for a legal
See also:consideration, although in
See also:law it is often used to signify alienation with or without consideration . By
See also:analogy the terms "
See also:gift " and " gifted " are also used to signify the natural endowment of some
See also:special ability, or a miraculous power, in a
See also: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
See also:land could be conveyed by one person to another by a verbal gift of the
See also:estate accompanied by delivery of possession . The
See also: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 .
See also:Personal property may be effectually transferred from one person to another by a
See also:simple verbal gift accompanied by delivery . If A delivers a
See also: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
See also: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
See also:deal with it as the owner . For example, when goods are in a warehouse, the delivery of the
See also:key will make a verbal gift of them effectual; but it seems that
See also: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
See also:order might, by special
See also:custom (but not otherwise, it appears), be sufficient to pass the property in the goods, although delivery, of a
See also:bill of lading for goods at
See also:sea is
See also:equivalent to an actual delivery of the goods themselves .
WILLIAM GIFFORD (1756-1826)
There are no comments yet for this article.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.
Links to articles and home page are encouraged.