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Semester 1

Gifts in Context (LAWS10247)

Subject

Law

College

CAHSS

Credits

20

Normal Year Taken

3

Delivery Session Year

2023/2024

Pre-requisites

Visiting students must have completed 3 Law courses at grade B or above, including courses equivalent to Succession and Trust Law (LAWS08130) and Property Law Ordinary (LAWS08133). We will only consider University/College level courses. This course is only open to visiting students who are nominated to study with us on a Law exchange agreement. Exchange students outside of Law and study abroad students are not eligible to enrol on this course before teaching begins, with no exceptions, and spaces cannot be guaranteed to those students at any time. **Please see Additional Restrictions**

Course Summary

This course explores the complexity of the world of gifts by examining different social practices of gift-giving. It considers the motivations that underpin gifts and whether, and if so how, these motivations are reflected in the law. It examines different legal conceptions of gifts and gift promises across the common and civil law legal traditions and explores how gifts relate to various areas of the law. **As the title reveals, the aim of this course is to put gifts into context and to study them through the lens of such contexts. The course is structured into two parts. The first part explores how insights from other disciplines (eg anthropology, sociology, psychology and economics) can enrich our understanding of gifts, as well as the legal challenges that gifts pose and how the law 'controls' gifts. The second part explores what can be given and how and the role that both the donor's but also the donee's intention play. It further explores whether gifts can be revoked and or be reduced and what that tells us about how law sees gifts. **The course is interdisciplinary, historical, and comparative. It is also multi-jurisdictional, drawing on examples from both the common and civil law legal tradition.

Course Description

This course will be taught in 10 seminars. Below is an outline of the provisional teaching programme. Seminar 1: The social practice of gift-giving; Seminar 2: The psychology of gift-giving; Seminar 3: Legal conceptions of gifts and gift promises; Seminar 4: Gifts and their place on the map of private law; Seminar 5: Controlling gifts; Seminar 6: What can we give?; Seminar 7: The intention to make a gift; Seminar 8: Making/executing gifts; Seminar 9: Binding v non-binding gifts; Seminar 10: Charitable gift giving

Assessment Information

Written Exam 0%, Coursework 100%, Practical Exam 0%

Additional Restrictions

This course cannot be taken alongside Succession and Trust Law (LAWS08130) or Property Law Ordinary (LAWS08133). **All 3rd year Law courses are ONLY open to visiting students nominated on an exchange agreement within the School of Law (including Erasmus students on a Law-specific exchange). Exchange students outside of Law, and independent study abroad students, are not eligible to enrol in these courses, with no exceptions.** Please note that 3rd year Law courses are high-demand, meaning that they have a very high number of students wishing to enrol in a very limited number of spaces. These enrolments are managed strictly by the CAHSS Visiting Student Office, in line with the quotas allocated by the department, and all enquiries to enrol in these courses must be made through the CAHSS Visiting Student Office. It is not appropriate for students to contact the Law School directly to request additional spaces. If there is sufficient space for other visiting students to enrol at the start of the semester (which cannot be guaranteed at all), visiting students must meet the pre-requisites listed above.

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