34-2 Gifts. Jaspel has a severe heart attack and is taken to the hospital. He is
ID: 424132 • Letter: 3
Question
34-2 Gifts. Jaspel has a severe heart attack and is taken to the hospital. He is aware that he is not expected to live. Because he is a bachelor with no close relatives nearby. Jaspel gives his car keys to his close friend Friedrich, telling Friedrich that he is expected to die and that the car is Friedrich's. Jaspel survives the heart attack, but two months later he dies from pneumonia. Sam, Japel's uncle and the executor of his estate, wants Friedrich to return the car. Friedrich refuses, claiming that the car was a gift from Jaspel. ( See Acquiring Ownership of Personal Property)
1. What is the case about? (Answer in a brief concise summary no longer than 5 sentences.)
2. What practical legal suggestions did you learn from this case that would be of use to a business person or to an individual and their personal life? (Answer in one or two sentences.) (NOTE: An example of a practical legal suggestion is as follows: Make sure that all written contracts that you sign include all of the essential terms and all of the terms and conditions that you have verbally agreed to.)
3. How can this practical legal suggestion be applied in your own personal life or in the business of life of some employer that you worked for? (Answer in 3 to 4 sentences.)
Explanation / Answer
Case is about returning the car to Frederich's uncle as Frederick survive the heart attack when he promised the car to Jespel.
In this specific case the contract is revoked when Fredrich survive the heart attack as the condition in which the contract was enforced is not enforceable anymore and automatically revoked as the contract maker survived the heart attack. Jaspel has to return the car to Fredrich's uncle.
This type of approach can be applied in my life by implementing understanding of making contacts on the basis of availability and it will definitely benefit overall expression of contractual issues towards my employer.
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