On Gifts

Ryan and I had a long telephone debate Sunday evening about which games count if you are looking for a Father’s Day present in EFL results.  I took the position that Saturday’s game mattered, because the present would be received and unwrapped when I posted the results on Sunday.

Ryan was dissatisfied with that result because I grumbled about how his present consisted of the Kangaroos turning the Wolverines into road kill. Sure I was proud of him and all, but I didn’t like it any better than Sam beating me at par-3 golf Sunday afternoon, for the first time in his life.

Ryan, sensing perhaps that his present was falling a little flat, insisted that the baseball results PRODUCED on Father’s Day are the real present.  I told him how this was ridiculous. Who ever tells their dad “Happy Father’s Day, Dad!  Your new tie is being produced today by workers in Hyderabad!”

And besides, the law requires delivery with donative intent AND acceptance for there to be a gift. The gift isn’t given until it is accepted.  You don’t give someone something by mailing it to him, or leaving it on the porch, or even by holding it out to him and saying “Take it! It’s yours! Happy Fathers Day, Third Place Dad!” If that was the point at which the gift took place, you could impose title to property on unwilling owners.

And anyway, even if we did take Ryan’s view of gifts, it doesn’t help any.  He just dished up more of the same in today’s update.