o Constructive delivery In most cases delivery of actual physical possession is

O constructive delivery in most cases delivery of

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o Constructive delivery In most cases, delivery of actual physical possession is required. However, in two types of situation, constructive delivery (or symbolic delivery) will suffice: Impracticality If it is impractical or inconvenient to deliver actual physical possession because the item is too large or because it is located at too great a distance from the parties, constructive delivery is allowed (ex: if the item being given is a car, delivery of the car’s key to the donee is sufficient) Intangibles There is nothing physical to deliver Some types of intangible property rights are evident by written documents that either by law or business custom are accepted as representing the intangible right itself Grounds for Invalidating Gifts A gift will not be valid if the donor’s action was induced by fraud, duress, mistake, or undue influence Gordon vs. Bialystoker center & Bikur cholim, INC. Ida Gorodetsky was 85 years old when she suffered a stroke and was admitted to Brookland-Cumberland Hospital in August 1972. Her closest relatives, two brothers and a niece, had not seen her for several years, and she had lived alone since 1962. From the time of her stroke until her death four months later, Ida remained partially paralyzed, confused, and sometimes semi-comatose. At the suggestion of one of Ida’s acquaintances, the Bialystoker nursing home sent one of its social workers to visit
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Gorodetsky in the hospital in October 1972. After learning that Ida had funds of her own, the director of the nursing home sent the social worker back to visit Ida on November 3 for the purpose of having her sign a withdrawal slip. A request had already been made for her admittance to the home, and the purpose of the withdrawal slip was to obtain funds for her care at the home. Using her withdrawal slip, the home obtained a $15,000 check from Ida’s account payable to the home “for the benefit of Ida Gorodetsky.” Result: The testimony offered, in conjunction with the other evidence in the case was insufficient as a matter of law to sustain the burden of proof resting on the nursing home. [Affirmed; defendant nursing home must return to Ida’s estate all funds beyond what was necessary to pay her expenses.] Inter Vivos and Causa Mortis Gifts Special rules apply to causa mortis (gift made in contemplation of death), distinguishing it slightly from a regular gift o 1) the gift is revoked automatically if the donee dies before the donor, with the result that the ownership reverts back to the donor o 2) the gift is also revoked automatically if the donor does not die from the current illness or peril Ownership of Wild Game As a general rule, the law views wild animals, fish, and birds as being unowned property. The first person who takes possession with an intent to become an owner usually acquires legal ownership. The technical name for such acquisition is occupation. The one taking possession does not become the owner, however, if that person is a trespasser or is acting in violation of state or federal fish and game laws
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