I WAS GIVEN A VALENTINE CAR AS A GIFT, BUT THE CAR DEALER WANTS IT BACK ‘MBU’ IT WAS HIRED!

#we_inform_the_uninformed .

Tina’s Valentine’s day was just perfect. In the morning while at her desk, the office attendant called her ‘mbu’ something was outside for her, and lo and behold; a Range Rover was in the parking lot. A large pink banner with the words, ‘Happy Valentines Day, my Love’ and her picture was spread out on it. She was so excited that her man was finally showing her the love she deserved. However, in the evening, she got a call from Byange Motors and the guy told her that he wanted his car back before 10pm because her boyfriend only hired it for one afternoon. Tina does not want to return the car, after all it was a gift and she did not know about any funny deals. Should she really return what was given to her as a gift?

WHAT DOES THE LAW SAY?

First of all, we need to understand what a gift is. By law, for something to be considered a gift, that thing must be voluntarily (without force) transferred from one person to another without paying or doing anything for it in any way(the doing of a thing in exchange for the gift is called consideration). In the law of gifts, there does not need to be any consideration meaning that a person gives you something without you giving them anything in exchange.

Secondly, ‘in the law of giving’ you can only give away what is yours. This is called having title/ownership which you can show using a document such as a logbook, land title etc. So, since Tina’s boyfriend did not have a title to the car (ownership) of the Range Rover, then he had no right to ‘gift’ it to anyone. This means that although she received the car, he did not have the authority to give it to her because he does not legally own it. The car belongs to the car dealership that called asking for it.

Source; BarefootLaw

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