1. Under what circumstances would a donor irrevocably transfer title to a donee>
1.1. If a valid gift, the transfer is irrevocable.
2. Elements
2.1. Donative intent
2.1.1. Donor must exhibit a specific intent to give the property
2.1.1.1. Evidence to show includes oral and written statements and/or conduct of the donor
2.1.2. donor must intend to transfer title to the thing immediately and unconditionally
2.1.3. Testamary intent is NOT donative intent
2.1.4. Donee holds burden of proof.
2.1.4.1. Clear and convincing evidence
2.2. manual/actual delivery
2.2.1. PHysical transfer of possession from donor to donee
2.2.1.1. evidenced by ojective acts
2.2.1.2. manual is default, but delivery can be sutbsituted
2.2.1.3. some states adopt legislation to permit gift letters
2.2.2. Substitute delivery forms (when manual delivery is impossible or impractical)
2.2.2.1. Constructive
2.2.2.1.1. handing over a means of access to the donee. still a physical transfer of something
2.2.2.2. Symbolic
2.2.2.2.1. Thing delivered stands in place of the property
2.3. Acceptance
2.3.1. Thing must be accepted by the donee
2.3.2. Rarely contested, often treated as presumption of acceptance
2.3.3. can be implied from donee conduct.
3. Gifts
3.1. a non-contractual, gratuitous transfer of property
3.1.1. made w/o legal consideration
3.1.2. If there is consideration, than its a sale and law of contracts presiding.
3.2. Two forms
3.2.1. Inter Vivos Gifts
3.2.1.1. Gifts made during life time.
3.2.1.2. Elements can occur in any order
3.2.1.3. Irrevocable
3.2.2. Gifts Causa Mortis
3.2.2.1. Gifts made when the donor has an apprehension or expectation of impending death, delivers the chattel with the intent that possession takes place immediately, but ownership is absolute upon donor's death.
3.2.2.1.1. Illness, disease or peril prompting the expectation of death must be objectively present
3.2.2.1.2. Must have intent to deliver the absolute ownership of the property at death.
3.2.2.2. Revocable
3.2.2.3. cannot be made to avoid creditors,
3.2.2.4. Burden to prove: Clear and convincing evidence.
3.2.2.5. If the Donor recovers, gift is automatically revoked and donee must have re-delivery to keep.