Hypothetical:
Someone gave me an elephant and told me not to give it away or sell it.
I don’t have the capability to take care of this thing. Heck, I don’t have any license or permit for elephants. I’m not a zookeeper or anything.
Isn’t it illegal to give this elephant to me?
No one can give you an elephant without your consent.
If you don't consent, then it doesn't matter what provisos they spoke to you. They didn't give you an elephant at all. They abandoned an elephant on your property. You owe them no consideration. Call animal control and they make it "go away" (read: probably to a welcoming zoo).
If you did consent, now the question arises of whether it is legal. And that works out exactly the same as if you'd purchased the elephant yourself.
Under 16 USC 1638(a)(1) and given that all species of elephant are on the endangered species list, it is prohibited to
(D) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species...
(E) deliver, receive, carry, transport, or ship
You cannot receive and they cannot give. Any contract pertaining to the disposition of an elephant is unenforceable.
Perhaps you mis-spoke in the question, it's not that they "gave you an elephant", rather they delivered the elephant to your property and transmitted instructions, without your consent. You are not criminally or civilly liable for the act of another person which you do not know about and cannot prevent.
It's not illegal in England to own or sell an elephant but you'll need to apply for a licence from your local council to keep it, as elephants are listed on the schedule of wild animals.
Elephants
Family Elephantidae
All species.
On the face of it, you'd (currently) be refused the licence on every single ground
- ...it is not contrary to the public interest to do so on the grounds of safety, nuisance or other grounds
- the applicant is a suitable person to hold a licence to keep the animals listed on the application
- the animal(s) will be kept in accommodation that prevents its escape and is suitable in respect of construction, size, temperature, drainage and cleanliness
- that the animal(s) will be supplied with adequate and suitable food drink and bedding material and be visited at suitable intervals
- appropriate steps will be taken to ensure the protection of the animal(s) in case of fire or other emergency
- all reasonable precautions are taken to prevent the spread of infectious diseases
the animal(s) accommodation is such that it can take adequate exercise
But if you had a big garden with a very sturdy fence and were willing to eat the medical costs (and spend a few hours reading 'Elephant-keeping for Dummies') you'd be able to argue that you were a fit and proper person.
Someone gave me an elephant and told me not to give it away or sell it.
What we have here is not a gift - a gift is unconditional. A gift requires three things: intent of the gifted, transfer of the property, and acceptance by the gifted. It also can’t come with “strings attached” - or conditions that apply after the gift is given. Conditions that apply before the gift (get good grades and I’ll give you an elephant) are fine, but once given it’s your elephant to do with what you will.
So a) you can refuse the gift, and b) if you accept, you can ignore any supposed conditions that come with it.
A contract requires consideration on both sides - a quid pro quo. You got an elephant from them , what did you give or promise in return? If nothing, then there is no contract.
Now if you promised to care for the elephant and not sell it or give it away then we have a contract and you must keep your promises.
Private arrangements, whether gift or contract, do not allow you to break the law. If it’s illegal for you to have an elephant, then it’s illegal for you to have an elephant.
If it’s too expensive for you to keep an elephant in accordance with the law but you nevertheless contracted to do so, then you must break your contract and possibly be sued for doing so.
