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No, a gift is not a contract because nothing of value was given in exchange.

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∙ 13y ago

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When an assignment is made as a gift the third party is called?

When a gift to a third party comes out of an agreement or a contract between two people, he is called the beneficiary. The third-party beneficiary is not obligated to any performance in the contract.


What is the meaning of charitable gift annuity?

A charitable gift annuity involves a contract between a donor and charity. The donor gives property or cash in exchange for a tax deduction, When the donor dies the charity keeps the gift.


Can the same relative sell real estate and give the gift down payment?

as long as it is disclosed on the purchase contract.


Is it legal for a salon owner to sell gift certificates on services provided by a booth renter?

It's not really a legalality issue unless there is a breach of contract. They can decide, betrween them, on whatever arrangement they want. It's more likely a contract issue with regard to the relationship of the booth renter and the owner and how they have that relationship set up. If the booth renter doesn't want to take gift certificates, write it in the contract. If the owner makes them do it anyway, it's a breach of contract. If the owner refuses to write the contract accordingly, the booth renter has the option not to work there.


What is the best defense if you are being sued by an ex girlfriend for gifts given to you that she wants returned but you no longer have?

Defense: "Gifts" become the property of the recipient the moment they are given and received, with no strings attached. If there was some other sort of "promise" upon which the "gift" was contingent, she has the burden of proving it and that the promise was broken and that you knew (or should have known) that the "gift" was part of a contract, not a gift. Therefore, she has to prove there was a contract, that you breached the contract, that she did not breach her part of the bargain, and that you have an obligation to return the fair market value of the objects she entrusted to your care.


If transaction has already occurred and someone is stating that the money loaned was a gift how do you prove that it was a loan only?

* Unless you have a contract of sorts stating this was a loan and a date, the amount of the loan and this person's signature along with your signature on it you can't prove this is a loan and not a gift as it would hearsay only. Without the contract, sorry but you are out the money.


What is the best gift you could get a 12 years old for her birthday?

get her a laptop or $200 or a nitndo ds and 6 games get a i phone on contract


Distinguished gift from sale of goods?

in a contract of sale, property in goods is transferred from one person to another with a consideration while in the case of a gift, property in goods is transferred from one person to another without any consideration


You have just signed a contract a want to thank the manager?

give a gift certificate to good restaurant or send good bottle of wine or brandy


Is donation a contract?

No, a donation is, by definition, a gift. There is also the possibility of a "pledge", which is a promise of a future donation. Some pledges may be enforceable if they are obtained in exchange for a benefit. For example, "pledge tonight and get a copy of the video", would be an offer to enter into an enforceable contract.


Can you ask for your money back when you insisted on paying someone's fines and didn't have them sign anything?

Yes, you had a verbal contract for exchange of value (unless you chose to do it as a gift). No written document is necessary to create a contract. You can even bring a lawsuit against them to force payment if they refuse to pay.


In Illinois law is the engagement ring if acquired after the marriage a marital asset?

The engagement ring is not considered a marital asset, it would be considered a personal gift under the contract of marriage. If the marriage dissolves immediately or soon after, the husband may be able to receive it in a divorce settlement.

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