Person wants return of gift

kingtiger

Hi

A friend of mine was asking me today about a peculiar problem today and I don't actually know how Irish law regards gifts

He did something for a person before Christmas and on Christmas eve the person presented my friend with a gift with a bow and a sticker saying "gift from xxxx"

so on Monday my friend had to rescind the favour that was asked of him and now the other party that offered the gift in which my friend accepted (in front of two witnesses) is now saying they want it back or they are sending him and invoice

can my friend tell this person too sod off?

irish_goat

How could he rescind the favour if it was done before Christmas?

kingtiger

irish_goat wrote: »

How can he rescind the favour if it was done before Christmas?

it was an ongoing favour with no strings attached

davo2001

LOL, let him send him the invoice, a gift is a gift and it cannot be resided.

whomitconcerns

i would be saying sod off....

kingtiger

davo2001 wrote: »

LOL, let him send him the invoice, a gift is a gift and it cannot be resided.

aye thats what I thought

talk about Indian giving

schemingbohemia

kingtiger wrote: »

it was an ongoing favour with no strings attached

That sounds really odd, like a f**k buddy?

kingtiger

schemingbohemia wrote: »

That sounds really odd, like a f**k buddy?

no nothing like that

just trying not to give away too much detail

saltyjack silverblade

kingtiger wrote: »

no nothing like that

just trying not to give away too much detail

Your friend gets to keep the gift.

More importantly more details on the favour.

kingtiger

saltyjack silverblade wrote: »

More importantly more details on the favour.

wish I could explain the whole tale, as its quite amusing

but alas I cannot as this is the Internet after all

saltyjack silverblade

kingtiger wrote: »

wish I could explain the whole tale, as its quite amusing

but alas I cannot as this is the Internet after all

Oh come on! This is like Vicky Pollard asking for legal advice!

"Someone somewhere was going to do something for someone. So that someone gave the other someone a gift but then the thing wasn't done and the first someone doesn't want to give back the gift."

kingtiger

saltyjack silverblade wrote: »

Oh come on! This is like Vicky Pollard asking for legal advice!

yeah but yeah but no but

no fecking way

Bepolite

Well I suppose if we're going to have a legal discussion...

Gifts form some sort of trust IIRC, so only the beneficial ownership passes. There might be some mileage in suing for the return of beneficial ownership but practically it's going to comedown to a cost vs benefits scenario.

Corrections welcome.

coylemj

Bepolite wrote: »

Well I suppose if we're going to have a legal discussion...

Gifts form some sort of trust IIRC, so only the beneficial ownership passes. There might be some mileage in suing for the return of beneficial ownership but practically it's going to comedown to a cost vs benefits scenario.

Corrections welcome.

Wouldn't the law see the two events as separate transactions? The favour was done or offered to be done with no strings attached, otherwise it would have been a commercial transaction with all the implied terms and conditions.

So the gift would be seen as an unconditional transfer of ownership and there is no comeback since it was technically not related to the delivery of a service. Can't see any legal basis by which it can be rescinded and the fact that the donor wrote 'gift from ....' on the package would seal the deal for me.

Bepolite

I was under (very possibly) mistaken impression that gifts, notwithstanding any favours, where presumed trusts except for very specific circumstances - eg.g a gift from your father etc. I thought then it was a consideration of the evidence of the surrounding circumstances, which would make the favour relevant.

I got 52 on trusts so very possibly talking out of my behind as usual :P

234

If I had to chose a remedy I would go with restitution for unjust enrichment for failure of consideration/basis. There was an enrichment on the understanding that a certain circumstances would continue, they have not, hey presto, unjust enrichment.

Bepolite

We all realise we're probably talking about some fury dice here don't we :pac:

hullaballoo

Bepolite wrote: »

We all realise we're probably talking about some fury dice here don't we :pac:

Fury dice sound terrifying. What made them so angry? How do they communicate this? Will boardgames ever be safe again?

Grolschevik

Could this be a marriage proposal? 'Who gets to keep the ring?' scenario?

Atticus Jung

Just a thought but shouldnt your friend just return the gift? The two were obviously linked. I presume its in good faith that the favor was resided, be the bigger person and give it back. I will admit it is a bit scabby to ask for it back, but if it was me i wouldnt want something given to me by a friend (im assuming), who later regretted giving it to me.

Can i ask what the approx value of the gift is? Must be fairly hefty.

kingtiger

despite what all you deviants may think there was nothing sexual about this gift nor was it anything to do with a personal relationship

my friend never expected anything for the favour, it was simply an unexpected gift that is no longer in his possession

so in my thinking a gift is a gift, or am i incorrect?

saltyjack silverblade

Depends on the situation. More specifics would be needed. It could be a gift for fixing a car which led to the awkward situation. It could also be the "Point on the doll where it happened and show us why you received the gift" situation.

Without more specifics the best answer you are going to get is probably.

Bepolite

kingtiger wrote: »

despite what all you deviants may think there was nothing sexual about this gift

Bored... unsubscribed. Got our number pretty quickly though.