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United Kingdom
giftsintention gift or loan
We were also shown Dewar v Dewar
Dewar v Dewar [1975] 1 WLR 1532
Key Principle
Whether a transfer of money is a gift or a loan is determined by the intention of the payer/donor; where the donor intends an outright gift and the recipient receives, knows of and retains the money, the transaction takes effect as a completed gift notwithstanding that the recipient subjectively intended or stated he would treat it merely as a loan to be repaid.
Area of Law
General
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