Legal Question in Real Estate Law in California
Your Question:
I loaned a piece of luggage to a friend, and since have had a falling out with this person. The person has been extremely difficult to deal in getting it back, and at one point, out of frustration, I said: "Keep it. I really don't feel it's worth the effort to talk to you anymore about this or try to talk to you like a reasonable person."
I have since changed my mind and really want the item back. She says I gave it to her and won't give it back. Did I relinquish my rights to my property by saying this out of frustration? It was not a gift.
1 Answer from Attorneys
Well, you say it wasn't a gift; she'll say it was. How would a judge decide this? Sounds like something that could be a law school or state bar exam question, with the student or applicant being required to discuss both sides. A gift requires "donative intent," i.e., the intent at that time to make a gift -- but does the donor have to be in a cheerful and generous frame of mind, or is it equally okay if the supposed donor is giving up a struggle and feels frustration and rage instead of kindness and benevolence? I'm guessing that the gift theory would hold up. There is at least some merit to the argument that, under the circumstances, there could be no gift.
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