Gift Hypos

1. Kevin Murphy and Jessica Deets each claim ownership of a notebook computer

a. Deets originally bought it; Murhy testifies she said to him, "I'll give it to you just as soon as I finish the next memo"

alternative scenarios:
b. Hand it to "donee" without comment
c. Testimony comes from Mark Mann, not Murphy.

d. Difference between contract and property


2. Christopher Ide owns a 100-acre plot of land in central Illinois known as "Grassacre." He also owns a top-of-the-line riding mower. Marni Held bought an adjacent 75 acres and complains to Ide about the cost of mowing it. Ide takes pity and says, "I tell you what. You can have my mower when I no longer live on the farm and have use for it."

Held knows that Katz is a finalist for a big-law job in Chicago, which will require him to work 80 hours per week, with no time to commute. She lets her grass grow. Ide moves into a condo in Chicago and sells Grassacre. Held makes her way through the head-high grass on her land to pick up the mower. Ide says, "I've changed my mind. I'm going to sell it."

Davis sues to compel delivery of the mower.

The evidence includes (in the alternative):

a. Only Held' testimony about what Ide said.

b. A video recording she made on her iPhone of Ide's statement.

c. A video recording not including any statement by Ide other than an image of his leaning down and kissing the side of the mower and saying, "I part with you with regret, but we'll have a little more time," and then Held leaning down and kissing the side of the mower, saying "You'll be mine, soon."

d. None of the above, but a video of Ide handing Held a key, saying, "Here is a duplicate key."

What arguments for each side? What outcome?

3. Gary Guenther has given up flying and taken up boating. He wants to give his $300,000 Grand Banks trawler to Jackie Yanoverto make up for taking her airplane. He asks for your advice on how he can do this.
-- 42,960 lbs
-- 47 feet long
--14 feet wide

4. Barbara Campbell is infatuated with Trevor Sterling. She comes from a weathy family and offers to pay his law school tuition. He thinks that is a good idea and she does, for his third year in law school. Right after graduating and being admitted to the IL bar, Trevor marries Robert Blades. Shocked, Campbell demands repayment of her "loan." Sterling offers into evidence a number of emails from Campbell referring to the tuition payments, none of them expressing any desire for repayment.

Must Sterling repay the money?

 

5. Recording of Rap Against Perpetuities performance

a. Both of them together to Jessica Hannula: "We're not sure we're entitled to CR but whatever we have you can have."
b. Both have it
c. Intent to divest self of it? "Here. This is the only copy"