Share on LinkedInShare on LinkedIn

ARTICLE · 06 DECEMBER 2016

Dispensing With Commencing: A Statute Of Limitations Gift

As we head into December, there is quite a bit of attention being paid to when sales start, when shipping occurs, and when gifts are given.

United StatesLitigation, Mediation & Arbitration

As we head into December, there is quite a bit of attention being paid to when sales start, when shipping occurs, and when gifts are given.  Were one concerned with such an inquiry, one might imagine a few different points in time when gifting might commence.  For purposes of our space-filling exercise, assume the putative gift is tangible, labeled to identify the intended recipient, wrapped such that it must be opened to reveal its contents, and left in a place where the intended recipient is expected to retrieve it.  Has gifting commenced when the giftor leaves the gift in this place, even if it might be removed before the giftee assumes possession?  Need there be some last clear chance when the gift can no longer be removed or replaced with something else before the giftee claims it?  Must there be a direction like "open it" to signal an exchange?  What if the gift has labeling that states that it cannot be opened for another six weeks or so?  If the "gift" is

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from