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Encyclopedia Britannica



GIFT (a common Teutonic word, cf. Ger. die Gift, gift, das Gift, poison, formed from the Teut. stem gab-, to give, cf. Dutch geven, Ger. geben; in O. Eng. the word appears with initial y, the guttural of later English is due to Scandinavian influence)

This article appears in Volume V12, Page 5 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: GEO-GNU
GIFT (a common Teutonic word, cf. Ger. die Gift, gift, das Gift, poison, formed from the Teut. stem gab-, to give, cf. Dutch geven, Ger. geben; in O. Eng. the word appears with initial y, the guttural of later English is due to Scandinavian influence) , a general
English
 
term
  for a present or thing bestowed, i.e. an alienation of property otherwise than for a legal consideration, although in law it is often used to signify alienation with or without consideration. By
analogy
  the terms "
gift
  " and " gifted " are also used to signify the natural endowment of some
special
  ability, or a miraculous power, in a person, as being not acquired in the
ordinary
  way. The legal effect of a gratuitous
gift
  only need be considered here. Formerly in English law property in land could be conveyed by one person to another by a verbal gift of the estate accompanied by delivery of possession. The
Statute
  of Frauds required all such conveyances to be in writing, and a later
statute
  (8 & 9 Viet. c. 1o6) requires them to be by deed. Personal property may be effectually transferred from one person to another by a simple verbal gift accompanied by delivery. If A delivers a chattel to B, saying or signifying that he does so by way of gift, the property passes, and the chattel belongs to B. But unless the actual thing is bodily handed over to the donee, the mere verbal expression of the donor's desire or intention has no legal effect whatever. The persons are in the position of parties to an agreement which is void as being without consideration. When the nature of the thing is such that it cannot be bodily handed over, it will be sufficient to put the donee in such a position as to enable him to deal with it as the owner. For example, when goods are in a warehouse, the delivery of the key will make a verbal gift of them effectual; but it seems that
part
  delivery of goods which are capable of actual delivery will not validate a verbal gift of the
part
  undelivered. So when goods are in the possession of a warehouseman, the landing over of a delivery order might, by
special
  custom (but not otherwise, it appears), be sufficient to pass the property in the goods, although delivery, of a bill of lading for goods at sea is equivalent to an actual delivery of the goods themselves.


End of Article: GIFT (a common Teutonic word, cf. Ger. die Gift, gift, das Gift, poison, formed from the Teut. stem gab-, to give, cf. Dutch geven, Ger. geben; in O. Eng. the word appears with initial y, the guttural of later English is due to Scandinavian influence)


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