Beth owned an original United States flag.She had previously loaned the flag to Ross,a lawyer,so that he could display the flag on the wall behind his office desk.One day while visiting Ross in his office and admiring the flag,Beth said to Ross,"You are so fond of that flag,I would like you to have it!" Ross responded with a gracious "thank you." In this situation
A)Beth has not made a valid, binding gift of the flag because gifts are never binding and can always be revoked by the donor.
B)Beth has not made a valid, binding gift of the flag because the donor must deliver the property to the donee, which was not done here.
C)Beth has made a valid, binding gift if Beth agreed to give the flag in exchange for Ross's legal services.
D)Beth has made a valid, binding gift because she intended to transfer present ownership to Ross and Ross accepted the flag.

Question

Quizplus · Accepted Answer

Beth has made a valid, binding gift because she intended to transfer present ownership to Ross and Ross accepted the flag. The requirement for a valid gift is the intent to transfer present ownership, the delivery of the gift, and acceptance by the donee. In this situation, Beth clearly had the intent to transfer present ownership, and Ross accepted the gift. Delivery does not have to involve any physical transfer of property, and the fact that the flag was already in Ross's possession is sufficient for delivery.

Beth Owned an Original United States Flag