Question

34-2 Gifts. Jaspel 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. Jaspel gives his car keys to his close friend Friedrich, telling Friedrich that he is expected to die and that the car is Friedrich's. Jaspel survives the heart attack, but two months later he dies from pneumonia. Sam, Japel's uncle and the executor of his estate, wants Friedrich to return the car. Friedrich refuses, claiming that the car was a gift from Jaspel. ( See Acquiring Ownership of Personal Property)

Prepare a single spaced report and complete the following two items as to each of these three (3) cases in this report:

What is the case about? (Answer in a brief concise summary no longer than 5 sentences.)

What practical legal suggestions did you learn from this case that would be of use to a business person or to an individual and their personal life? (Answer in one or two sentences.) (NOTE: An example of a practical legal suggestion is as follows: Make sure that all written contracts that you sign include all of the essential terms and all of the terms and conditions that you have verbally agreed to.)

How can this practical legal suggestion be applied in your own personal life or in the business of life of some employer that you worked for? (Answer in 3 to 4 sentences.)

Answer 1

1. The case is about taking ownership of Jaspel's car due to death caused by his sickness (Pneumonia) by either his close friend Friedrich who was promised by Jaspel to take ownershp of his car after his death or by his very own uncle Sam who was the executor of his estate.

2.TITLE to personal property may accure in 3 different ways ie;

• By Original Acquisition
• By Transfer , by act of law
• By Transfer, by act of parties

Hence we need to take ownership in writing eventhough agreed by both the parties to transfer his ownership verbally,since nothing verbally has any autenticity nor validity,but always a writtern agreement stays firm and longer.

3.In our own personal life,we would come across many decisions that may be different from others, for Example, when your and the other client agreed to carry on a project in a particular way by verbally,there is no autenticity or other witness to the statement or agreement you made since everything was in verbal,but at the same time when the verbal decisions are put into writing through an email and send to the client for approval ,then there is validity and a solid base to what we had agreed to,hence when there is any disagreement in future,this particular mailwill serve as a defence to oneself.