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#Gifts (Property Law Chart)

A gift is a gratuitous or voluntary transfer in which something is given in exchange for nothing.

Courts are therefore suspicious of gifts:

** Contracts and bargains are seen as a more valid form of economic exchange

** Gifts are perceived as less worthy of judicial intervention

** Therefore, must stricter requirements have been imposed in order to avoid the court process; this leads to: (1) More predictability in terms of success of action; (2) Easier application of the test for gifts

Worth noting:

** Generally, only bargains are perceived as reciprocal

A gift between two living people mean to take effect during the life of the people who are party to the transaction.

Conditions necessary to make a gift originated in the importance of transfer of ownership. Delivery was a important as a ceremonial indicator.