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I was given an amount of money (less than 2,000$ CAD) as a gift from someone with her confirmation (by message and on paper). At first, I told her that I would accept the gift, but in the future, if possible, I will return it as my will because I do not want to owe anyone any amount of money (with no confirmation of the exact date/time to return it). Now the relationship has gone badly, and she asked me for the money back and told me that she would bring me to court for this.

Can she legally do this, and am I obliged to pay it back?

Ryan M
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Hamie Vo
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1 Answers1

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Under normal common-law principles, she has provided you a gift and you have accepted it, which transfers the property to you unconditionally.

You also made a gratuitous promise that you might attempt to repay her. That promise has no legal effect as a contract, both because the promise is so uncertain as to be unenforceable, and because it is not supported by mutual consideration (i.e., she has not promised to do in anything in exchange for your promise to pay you back).

If the case is presented with these facts, a court should therefore deny her request to force your repayment.

bdb484
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