Question

Jaspal has a severe heart attack and is taken to the hospital. He is aware that he is not expected to live. Because he is a bachelor with no close relatives nearby, Jaspal gives his car keys to his close friend Friedrich, telling Friedrich that he is expected to die and that the car is Friedrich's. Jaspal survives the heart attack, but two months later he dies from pneumonia. Sam, Jaspal's uncle and the executor of his estate, wants Friedrich to return the car. Friedrich refuses, claiming that the car was a gift from Jaspal. Discuss whether Friedrich will be required to return the car to Jaspal's estate.

Answer 1

Answer: Friedrich would have to return the gift.

Explanation:

gifts are voluntary transfer of property for which no consideration is given.

For a gift to be effective, there must be clear intent on the part of the donor, actual or constructive discharge , and acceptance by the donee.

A gift given during the donors lifetime that meets the criteria is known as a gift inter vivos.

A gift given in anticipation of eventual death or event, is known as a gift causa mortis, and must comply with laid down additional rules.

The additional rules for a gift causa mortisare are that the gift does not stand until the donor giving the gift dies from the stated event, and the gift is automatically returned if the donor survives the stated event.

Since Jaspal had original survived the heart attack, but later died of pneumonia Friedrich has to return the gift to jaspals Uncle Sam, because it was given on the basis of heart attack which he survived and not for pneumonia which jaspal later died of.