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.
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.
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.
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!