this post was submitted on 18 Dec 2024
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They never intended on giving the kid the gift. If they allowed them to go home with the PS5, and then requested it back the next day, then the family would have a good argument that ownership was transferred to them. This was just a bad joke.
Edit: on lemmy.world it's like I never left reddit!
That's utter nonsense. A gift only counts if you make it home with the gift? Where did you come up with that?
I'm guessing it's based on the rules of the schoolyard game to run from one side of a field to the other while avoiding the corporate bullies in the center.
Gift law
Intent needs to be proven or it's not a gift. They did not intend on giving a gift.
They unfortunately made the kid fully believe their whole intent was to give him the gift. That's so sad for the kid. :(
I wonder how this would play out in court, though. The company can argue that it was the uncle's responsibility to inform the kid as he was with him, but the kid's parents can argue the uncle wasn't his legal guardian and that he needed to be informed personally to play along.
Idk, this armchair is comfy though. lol
Why would the act of going home change the legality? Or intent?
If i take a $20 bill and hand it to a stranger in front of witnesses and say, "Here you go, this is a gift."
If in 5 mins, I snatch that bill back and walk away. That's legal? Because he didn't touch his house first, and I never had intent to give a gift?
It's like a game of tag, once an item is exchanged you best start running home!
That's why birthday parties are traditionally held at home
Source: I made it up
Intent matters but not if the intent was to deceive. If the act had all the elements that represent giving a gift, then legally it WAS giving a gift. Otherwise all gifts could be taken back at any time just by claiming that it was actually a joke.