C received a check in form of a loan from an aunt. After some time the aunt wrote on a Christmas card that states to keep the money with no return. C may argue against her estate, wanting payment for the loan, that the Christmas card sent by his aunt is a gift of forgiveness of the check loan. However, the Christmas card is very vague and doesn't mention the amount of money, it could have been other money that C 's aunt gave him besides the check. In that case, C may still be liable for the loan. In hindsight C should have requested a detailed writing from his aunt for loan forgiveness.
The case revolves around Mr. C and Ms. N, who went to the country I in November, where he proposed marriage and presented Ms. N with a diamond ring. She accepted the proposal and the ring and after that, she asked him from where he had brought the ring.
Ms. N got disappointed when she got to know from where Mr. C had bought the ring and she returned back the ring to Mr. C and suggested him that she wants a ring of a different style.
In light of the scenario, the gift made to Ms. N was an engagement ring. When Ms. N returned the ring to Mr. C. he returned the ring to the jeweler and had received a refund of $5,000. He then purchased a new ring for $12,000 and re-proposed her girlfriend in late November.
However, Ms. N claimed that his boyfriend had given her a second ring few days before the Christmas. In such a scenario, Ms. N cannot allege th at his boyfriend had given a second ring as a holiday gift as his boyfriend had given her a second ring with intent to engage her.
There are five types of gifts that are Inter Vivos, gift causa mortis, conditional gift, Anatomic and gifts transferred to minor. Each of these gifts has their own significance and it is essential that the person gifting should have requisite knowledge on the types of gifts. A person not adhering to the laws prescribed for separate gifts would be liable to pay damages to the plaintiff.
M relinquished her title (ownership) of plates by dumping it in a trash site. Hence, the plates are now "finders keepers" that is title is given to whoever finds these plates. M will have to argue that she had no intention of abandoning it, retaining title, e.g. maybe she dumped the plates when running away from a thief. But absent such evidence the plates are transferred to the new owner.