QUESTION

Must I give the gift back?

Asked on Apr 14th, 2013 on Patents - Massachusetts
More details to this question:
A while ago, a friend of mine bought an album of a band we both like. When this band releases an album, there are little postcards/pictures of each member in the band that come with the album. Because he knew how much I love that band, he sent me one of the postcards/pictures of the members as a gift. He never said he was expecting it back and he clearly meant to give it to me as a gift. Now that our friendship is quickly deteriorating, he wants it back. Must I give it back?
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4 ANSWERS

You appear to be asking a question that would better be addressed to Ann Landers (now deceased) or successors or maybe a counselor or psychiatrist. If there was no written agreement, surely oral agreement controls (e.g. a contract). If there was no oral agreement (meeting of minds), then apparently the gift was officious. Actually, this sounds as if it is more nearly an engineering and moral issue. The engineering aspect is whether there is any practical means for your friend to get it back and whether you have a practical means to counter any action he/she might bring. The moral question is your sense of obligation (guilt) or none, and same for your ex-friend. On the legal side, when somebody whom you do not know, intentionally sends you something officiously (by mail or leaving it on your doorstep for example), you can generally keep it. The situation you describe is nuanced, based your knowing each other, and the allegation that each of you understood impliedly conflicting terms (e.g. no meeting of the minds). Assuming the value of the article supported legal action, in theory a factfinder would decide the facts based on evidence, and a court would apply the law based on the determination by factfinder.
Answered on Apr 17th, 2013 at 7:44 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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A gift is a gift, whether it's worth a few cents or a million dollars. Based on the information you provided, you don't need to give the picture back.
Answered on Apr 16th, 2013 at 3:27 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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NO. A gift need not be returned.
Answered on Apr 16th, 2013 at 3:26 PM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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No
Answered on Apr 16th, 2013 at 3:26 PM

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