Legal Question in Business Law in Florida

donation???

I recently received a grant to create a

4 foot painted steel butterfly for a

botanical butterfly garden. Once done

and installed I felt it didn't make a big

enough statement where and how it

was placed. So I said I would like to

donate 2 more to make a more

powerful statement. The 2 were

defiantly a selfish move on my part.

Well a small child bumped into one so

they took them down and are no

longer in the garden. Do I have a

chance to ask for the 2 back?


Asked on 6/25/09, 8:59 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: donation???

You can always ask...

If you donated the sculptures, you gave them to the botanical garden as a gift. No matter your motive (which I understand was pure and artistically motivated), the garden accepted the gift. That completes the legal transfer. You do not say there is a contract with any conditions of the gift.

With that said, you can surely ask the botanical garden to return the sculptures to you. If they are not using them anymore, they may be amenable to your request - they would not have to be burdened with storage or other disposition of the sculptures. I just don't see how the garden would be legally obligated to return the sculptures absent a contract which made the gift contingent upon the display of the sculptures (or other conditions).

The best thing to do at this point is ask the garden nicely for return of the sculptures. If they refuse, you should consult with an attorney (or more than one) to see if you may have some legal recourse.

Next time you donate your art, you should have a contract which stipulates any conditions of the gift.

Best of luck to you,

Sarah

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Answered on 6/25/09, 9:40 am


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