My sister has an Xbox from her now (ex boyfriend got a couple of weeks ago) but has now separated and he bought her an Xbox and it has the receipt, can he ask for it back? Or what is a gift is a gift?
Hm good question
As such, he can request it back as long as he has the receipt.
But from a moral perspective, I believe in "gift is gift"
In this case, the person with the receipt (payer) could definitely reclaim the item.
There's no evidence that it was a legitimate gift.
My sister has the receipt, not him.
And when asked where she got it from and whether she bought the console, does she say what?
She went to get the Xbox together with him, he paid for it and said that she could keep the receipt
My sister got the receipt from him
Yes, then if he has no evidence, I do not appreciate that without a lawyer
In this case, your sister can relax a little.
If he is serious and turns on the police or something similar, you should say precisely: "It was a gift, there are witnesses"
Otherwise, his claim will be simple, he just kept it there.
Thank you for your quick helpful answer!
What do you mean evidence? Which?
Well, he took a picture of it or something, but listen to the majority.
Guess the gift is a gift, so don't worry (And I don't think you hire an ex-lawyer because of an Xbox, I mean an attorney costs more than the Xbox)
If he demonstrably paid for the box (card) and now claims that he did not give it to her but bought it for the household, then he could sue for it under civil law.
I don't know what the circumstances were. I would find it morally more honorable if she gave him the part. He paid. It is - to be honest - his. And he certainly had in mind sharing.
If he has clearly given it to her as a gift, with paper and reason, he can't ask her back.
And who are the witnesses? Should others make false statements for them? This would constitute the criminal offense of the oath (or even oath) of false statements and this will be punished.
Evidence could have been the debit of HIS account. Cashless payment is common.
This made it possible to understand when, where and for what.
She can also appropriate the receipt without authorization. It is rather unusual for a gift that she got her anyway.
Both could speak for his story if he let it matter.
If he gets right or is insured, it won't cost him anything.
