Observant little ...

I don't understand the answer, but I may have some ideas on the question...




Question time


Firstly, I promised to answer your questions today, so here 'tis.

Aurelius asked:

If I give you a gift, assuming it is definitely mine to give (leaving aside copyright, mortgaged goods etc), is it mine?
What evidence do I need to say it's mine?
Are there any items I can own, which I cannot give to you?


I found this one a little confusing. So I've made certain assumptions:

- that the gift was a true gift and didn't have obligations attached (eg an engagement ring is consideration for entering into a promise to marry someone)
- that the gift was not illegally obtained (eg by fraud) or an illegal item (eg drugs)
- that we're talking about a civil matter, not a criminal one

In that case, if a gift is given from A to B, then it is legally B's possession, not A's. So A can't prove that it's his/hers because it's not. But B can prove it's his/hers by leading any evidence that is acceptable in the court for that item (eg land transaction have to be in writing). What sort of evidence you would need would depend on the nature of the transaction, but examples include a written agreement, letters, recordings of verbal conversations, computer records, and evidence of witnesses.

I can't think of any items which you can own outright, but which you can't give to another person. But there may be circumstances in which you can't make gifts, either at all, or of a particular item (eg lack of capacity, bankruptcy, conditions of a contract or will, statutory conditions of ownership).

I'm afraid it's a very generic answer because it was a very general question. Feel free to add some details if you want a more specific answer.

Ozbhoy asked:

Given that a pre-emptive strike has been accepted on a global scale and thousands can be killed on a presumption. And also given that the presumption was incorrect.
Would a person be able to pre-emptively stike another perhaps causing serious harm and legally get away with it?
Even if the pre-emptive strike was proven to be wrongful?


Short answer, yes. If a person personally believes that their life is in danger (and that belief is reasonable), that's a defence to a charge of murder or grievous bodily harm. For example, if someone is holding a gun to you head, the fact that the gun isn't real, doesn't mean that you can't effectively plead self-defence to a murder charge (where your pre-emptive strike kills the person with the fake gun).

Oh, and Di? Me being in your dream is just weird. Flattering, but weird. ;o)

Thanks for the questions guys. They got me thinking.

Now, my usual weekend round-up. Had a quiet one - went over to TBF/H's place on Saturday night for dinner (TBF's a great cook, so that's always a good plan) and played with the baby and watched TV/DVDs with them (well, they watched, I fell asleep on their couch! *g*).

Had a date on Sunday. It was a little disappointing. We'd chatted happily by email and over the phone and I was really looking forward to it. But we just didn't click in person. Making conversation was a real effort. I don't know - I was still pretty tired and he had just arrived in town after a 3 or 4 hour drive, so maybe it would have been better in different circumstances. It still wasn't a bad date, it just wasn't a fun date.

I came across this interview (via Stumblings in the Dark) with Douglas Adams today, where he says:

I am fascinated by religion. (That’s a completely different thing from believing in it!) It has had such an incalculably huge effect on human affairs. What is it? What does it represent? Why have we invented it? How does it keep going? What will become of it? I love to keep poking and prodding at it.

I think this admirably sums up my attitude to religion. Facsination. Yep, that would be it. I've talked about my own beliefs before. But the fact that I'm an atheist, doesn't make me any less fascinated. In fact, it probably makes me more so.

I know people who have a similar fascination with the law. Law doesn't facsinate me in that way, but I can see why it would for others.

Listening to: FourPlay - Catgut Ya Tongue

1 Comments:

Blogger TFS said...

Grab a copy of the Salmon of Doubt, there's a lot more in there along the same lines. It's a collection of Douglas Adams' writings released after his death. Great read, and it's a pity he's gone :o(

12:30 pm  

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