My brother's ex girlfriend gave him a Playstation 3 for Christmas & now is demanding he give it back.
Federal Crime Lawyer
Was it a bad break up? Did he ever give her a gift? There is a lot to be said here about trying to work it out without filing a suit. Does he really need the PS3? Does she not know she gave it as a gift? I really hope that you guys can work this out. As for advice, we do not have enough facts surrounding the gift to determine of it was an exchange for something ot if the gift must be returned for some other reason. Best of Luck!
Please know: My observations here are for educational purposes only and I do not practice in this jurisdiction. Always consult with a local attorney that can provide not just insight, but all of the applicable local rules and laws defining your situation.
Personal Injury Lawyer
The answer to your question is no. A gift is irrevocable. Under the law, a gift is made when three things happen:
(1) Donative intent. The giver intends to make a gift.
(2) Transfer of the property to the donee. The gift is given.
(3) Acceptance. The donee accepts the gift.
Once those three things happen, a gift is complete. A gift can not be revoked or taken back.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
1 found this helpful
1 lawyer agrees