genb case analysis

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Jaspal has a severe heart attack and is taken to the hospital. He is aware that he is not expected to live. Because he is a bachelor with no close relatives nearby, Jaspal gives his car keys to his close friend Friedrich, telling Friedrich that he is expected to die and that the car is Friedrich's. Jaspal survives the heart attack, but two months later he dies from pneumonia. Sam, Jaspal's uncle and the executor of his estate, wants Friedrich to return the car. Friedrich refuses, claiming that the car was a gift from Jaspal. Discuss whether Friedrich will be required to return the car to Jaspal's estate.

...

When Friedrich took the keys and began driving the car, it was a(n) ____ of the gift.

acceptance

Because Jaspal was in the hospital after a severe heart attack and did not believe he would survive, if his actions resulted in a gift it would be a gift ______

causa mortis

The additional rules for a gift ____ are that the gift is not ____ until the donor dies from the contemplated event, and the gift is ____ revoked if the donor survives the contemplated event.

causa mortis, absolute, automatically

Jaspal ____ survive the heart attack.

did

If the gift was revoked, then Friedrich ____ have to return the car to Jaspal's uncle.

does

For a gift to be effective, there must be ____ intent on the part of the ____ , actual or constructive ____ , and ____ by the donee.

donative, donor, delivery, acceptance

In giving the gift, Jaspal was anticipating his death due to the ____

heart attack

When a gift is given in anticipation of ____ death, it is called a gift ____ and must comply with additional rules.

imminent, causa mortis

Jaspal's action of handing the keys to Friedrich and telling Friedrich that he expected to die so the car is Friedrich's would indicate the _____ to make a gift, as well as constitute the ____ of the gift to Friedrich.

intent, delivery

A gift given during one's lifetime that meets the criteria is called a gift ____

inter vivos

A gift is a ____ transfer of property for which no consideration is given.

voluntary

When Jaspal survived the heart attack, the gift likely ____ revoked.

was


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