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United Kingdom giftsintention gift or loan

We were also shown Dewar v Dewar

Dewar v Dewar [1975] 1 WLR 1532
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year1975
StatusPersuasive authority

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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