Gifts Causa Mortis Self-Quiz

 

 

 

 

 

 

Felix is crossing a street when he gets hit by a car. As he is lying there, mortally wounded, he says to a bystander “I’m going to die. Do me a favor and give my watch to my friend, Oscar." Then Felix dies. Oscar would like the bystander to give him the watch. Felix’s estate demands the watch back. Who will win?
Choice 1 Oscar, because a person’s last wishes must be fulfilled by the law, if at all possible
Choice 2 Oscar, because it is a valid gift causa mortis
Choice 3 Felix’s estate, because there was no delivery during Felix’s lifetime
Choice 4 Felix’s estate, because Felix’s heirs should not lose out just because Felix made a gift when he might have been delusional because he was about to die
Felix is crossing a street when he gets hit by a car. As he is lying there, mortally wounded, he sees Oscar and shouts “Come here, buddy. You’ve always been such a great friend; please take my watch.” Oscar obliges. While still lying there, Felix has second thoughts and says “Wait; you’ll probably just fail to keep it in good repair. Never mind; give me back the watch” and then Felix dies. Oscar would like to keep the watch. Felix’s estate demands the watch back. Who will win?
Choice 1 Oscar, because a gift is irrevocable
Choice 2 Oscar, because Felix never received possession of the watch before he died
Choice 3 Felix’s estate because a gift causa mortis is revocable and Felix revoked the gift
Choice 4 Oscar, because a gift causa mortis is revocable only if the donor recovers.
Felix is crossing a street when he gets hit by a car. As he is lying there, mortally wounded, he sees Oscar and shouts “Come here, buddy. You’ve always been such a great friend; please take my watch.” Oscar obliges. Felix is rushed to the hospital, where he is treated and he recovers. However, when he walks out of the hospital to go home, he slips on some slick pavement and bangs his head and dies. Oscar would like to keep the watch. Felix’s estate demands the watch back. Who will win?
Choice 1Felix’s estate, because a gift causa mortis is automatically revoked if the donor recovers
Choice 2 Oscar, because Felix never revoked the gift
Choice 3 Oscar, because Felix clearly intended that Oscar should have the watch when he gave it to him originally.
Choice 4 Oscar, if he can show that he and Felix really were good friends.

 

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