property common-law gift
Can you take back a gift?
<p>Suppose that I unconditionally and unambiguously give a person a thing such as a necklace with a moderate value (say $1000): I hand it to them and say "Here, you can have this, I don't need it anymore". Then suppose I have giver's remorse and the next day I request that it be returned. Assuming that the recipient has not relied on the fact of me giving it to them (all they would lose is the necklace), can I revoke the act of giving (so that the courts would order the return of the gift)?</p>

<p>Then, suppose that I intended to give necklace A but mistakenly gave necklace B which I did <em>not</em> intend to give: can I legally reclaim B? In case it's not clear, I am not asking how I can guarantee a take-back right prior to giving the thing, so agreements are irrelevant. As always, relevant citations appreciated.</p>

<p>No.</p>

<p>By handing the necklace the way you described, you commit personal property transfer as all the <a href="https://en.wikipedia.org/wiki/Gift_(law)" rel="nofollow noreferrer">three requirements</a> are met for the gift to be legally effective: <em>donative intent</em>, <em>delivery</em> and <em>acceptance</em>.</p>

<p>Once property has been transferred (no matter gift or sale), it is not yours anymore.</p>
