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.

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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

ENGLISH

term

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

ANALOGY (Gr. avaXo-yLa, proportion)

the terms "

gift

GIFT (a common Teutonic word, cf. Ger. die Gift, gift, das Gift, poison, formed from the Teut.
stem
- STEM (O. Eng. staefn, stemn, cf. Du. stain, Ger. Stamm, &c., probably related to " staff ")
gab-, to give, cf. Dutch geven, Ger. geben; in O. Eng. the word appears with initial y, the guttural of later
English
- ENGLISH
is due to Scandinavian
influence
- INFLUENCE (Late Lat. influentia, from influere, to flow in)
)

" and " gifted " are also used to signify the natural endowment of some

special

SPECIAL

ability, or a miraculous power, in a person, as being not acquired in the

ordinary

ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

way. The legal effect of a gratuitous

gift

GIFT (a common Teutonic word, cf. Ger. die Gift, gift, das Gift, poison, formed from the Teut.
stem
- STEM (O. Eng. staefn, stemn, cf. Du. stain, Ger. Stamm, &c., probably related to " staff ")
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
- INFLUENCE (Late Lat. influentia, from influere, to flow in)
)

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

STATUTE

of Frauds required all such conveyances to be in writing, and a later

statute

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

PART

delivery of goods which are capable of actual delivery will not validate a verbal gift of the

part

PART

undelivered. So when goods are in the possession of a warehouseman, the landing over of a delivery order might, by

special

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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