Tuesday, January 20, 2026

Why is Delivery Required for Gifts?

 

What is the purpose of the delivery requirement?  Why not enforce an oral gift, so long as there are witnesses to provide evidence that the oral gift was expressed?

See casebook p. 216 note 1.

Suppose Grutz's stepdaughter, Salome, dances beautifully in her performance as the lead ballerina in The Nutcracker at the Lied. When he sees her leaving the stage door after her performance, he exclaims "That performance was wonderful; everything I own I give to you."

Is this oral gift of all Grutz's possessions enforceable? Should it be?