Legal Question in Civil Litigation in California
Gift Revoked
My husband and I were given a gift of airline tickets by a family friend. We were planning to go on a trip together. After 9/11 and then the Rockaway plane crash, We decided we could not fly. I was able to convince the airline to refund the cost of the tickets even though they were offering travel vouchers only (my friend urged me to accept vouchers not believing I would be successful in getting a refund from the airline). The refund was issued to my friend's credit card because that was the method of original payment. Friend now refuses to give us the refunded money. The tickets were in our names, given to us three months before the planned vacation. Does the refunded money legally belong to us? How can we get it?
2 Answers from Attorneys
Re: Gift Revoked
No, the tickets were the gift and you decided not to use them so the refund is their's.
Re: Gift Revoked
Ken got it right. A gift isn't a contract supported by consideration. Therefore a gift may be rescinded without legal repercussions.
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