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See also:GIFT (a See also:common See also:Teutonic word, cf. Ger. See also:die Gift, gift, das Gift, See also:poison, formed from the Teut. See also: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 is due to Scandinavian See also:influence)
, a See also:general See also:English See also:term for a See also:present or thing bestowed, i.e. an See also: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 See also:power, in a See also:person, as being not acquired in the See also:ordinary way
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The legal effect of a gratuitous gift only need be considered here
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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 See also:possession
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The See also:Statute of Frauds required all such conveyances to be in See also:writing, and a later statute (8 & 9 Viet. c
.
1o6) requires them to be by See also:deed
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See also:Personal property may be effectually transferred from one person to another by a See also:simple verbal gift accompanied by delivery
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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
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But unless the actual thing is bodily handed over to the donee, the See also:mere verbal expression of the donor's See also:desire or intention has no legal effect whatever
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The persons are in the position of parties to an agreement which is void as being without consideration
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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
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For example, when goods are in a warehouse, the delivery of the See also: 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 See also:lading for goods at See also:sea is See also:equivalent to an actual delivery of the goods themselves . |
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