QUESTION
If someone gifts me something can he take it back
Asked on Jul 29th, 2017 on Contracts - New York
More details to this question:
Ok, so one day I broke my gaming controller and my neighbor happened to have a spare .So he gave it to me and I have been using it for around a year , until we got into a argument and I stoped talking to him so he "claims" that his controller broke and he is going to my house and I should give the controller that he gave to me a year ago back. Am I allowed to not give it back ? Pls respond ASAP.
1 ANSWER
With minor exceptions that don't seem applicable here, once a gift is given it belongs to the donee. The problem is that your neighbor may claim that he didn't give you a gift. For example, he may claim that he only agreed to lend you the controller until you had time to get your own, or some other story where it wasn't an unconditional gift. There is no guarantee who the Court will believe if he sues you (which I very much doubt; it isn't worth the hassle and expense over this minor dispute).
Answered on Aug 01st, 2017 at 7:31 AM