May I Take That Back?
August 1, 2022 By Brian Babcock If you make a gift, whether to a trust or an individual, even a family member, you cannot simply take it back without consent. THE ISSUE There is a distinction in law between a gift, which is absolute, and a resulting trust by which legal title is transferred, but […]
Is That a Fact or a Prediction?
August 1, 2022 By Brian Babcock A common way to recover damages for economic loss in the absence of a contract or physical damage to property is to make a claim for negligent misrepresentation. The test for negligent misrepresentation was conveniently recently repeated in a 2019 Superior Court decision called Doumouras v. Chander: there must […]