QUESTION

If someone gives you a gift, can they legally take it back?

Asked on Jun 12th, 2016 on Contracts - Texas
More details to this question:
I gave a friend some really expensive work out pills and told him to pay me whenever: However, he had no job nor money, so he said that I could have his IPad for compensation. We both got mad at each other and we aren't friends anymore, so he's trying to get his IPad back. It's been over a year since he has given it to me, so I'm not sure if I can legally keep it or not.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Only in rare circumstances not present here (for example, an engagement ring given to a person who calls off the wedding) can the donor compel the recipient to return a gift.  However, there is no gift involved in your situaiton.  Your friend paid you for the pills (I assume these were over the counter pills) with his ipad.  That's a sale, not a gift, and there's nothing in your email to suggest that there are grounds for setting it aside.
Answered on Jun 13th, 2016 at 11:57 AM

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