More details to this question:
I had purchased a gift for my girlfriend for Christmas, which she returned to me to hold on to so we could exchange it for something else. I returned the item to the store of purchase in late January so I could get a refund back to my card vs getting a store credit. We ended up breaking up recently and she is now saying that the amount of the bag is owed to her because gifts are not revocable. In the given situation, where she willingly returned the bag to my possession, is she legally entitled to the amount the bag is worth? I should also add that there is no proof that the gift was given to her.
1 ANSWER
This is an interesting situation, and frankly I'm not 100% sure how it would come out. My feeling, however, is that it depends on what you agreed to when you took the bag back. You didn't give her the value of the bag - you gave her the bag. She didn't want it. On just those facts, I don't think you would be liable. However, if, as you seem to be saying, she gave you the bag with the understanding that it would be exchanged for a gift to her of similar value, then I think you would breach that contract by not doing so.
BTW, there is proof that the gift was given to her. In addition to her testimony, there is you admission in your email. While I doubt that your ex will find this statement and present it to Court, it would nevertheless be very stupid for you to risk a perjury charge by denying that you gave her the bag.
Answered on Feb 03rd, 2017 at 9:54 AM