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Question 1
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?
Correct
Incorrect!
Correct
Incorrect!
Correct Although this would qualify as a gift causa mortis, such a gift has the same delivery requirement as does an inter-vivos gift; which must be completed before the donor dies. In this case, there was no valid delivery, because it never got to Oscar before Felix died. The bystander was an agent of Felix, so delivery to him does not complete the gift. Therefore C is the correct answer.
Incorrect! Although this would qualify as a gift causa mortis, such a gift has the same delivery requirement as does an inter-vivos gift; which must be completed before the donor dies. In this case, there was no valid delivery, because it never got to Oscar before Felix died. The bystander was an agent of Felix, so delivery to him does not complete the gift. Therefore C is the correct answer.
Correct
Incorrect!
Question 2
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?
Correct
Incorrect!
Correct
Incorrect!
Correct A gift causa mortis is revocable by the donor as long as the donor is alive.Therefore C is the correct answer.
Incorrect! A gift causa mortis is revocable by the donor as long as the donor is alive.Therefore C is the correct answer.
Correct
Incorrect!
Question 3
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?
Correct A gift causa mortis is automatically revoked if the donor recovers from the situation under which the fear of impending death arose. The donor can re-give the gift as an inter-vivos gift if he or she so chooses, but Felix did not do so in this case. Therefore A is the correct answer.
Incorrect! A gift causa mortis is automatically revoked if the donor recovers from the situation under which the fear of impending death arose. The donor can re-give the gift as an inter-vivos gift if he or she so chooses, but Felix did not do so in this case. Therefore A is the correct answer.