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Case Citations [1] (Spring 2024)

handle is hein.ali/respdt9963 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations PROPERTY 2D DONATIVE TRANSFERS Generally Ind.2023. Cit. generally in ftn. to conc. op. Customers filed a putative class action against bank for improperly collecting overdraft fees. The trial court granted bank's motion to compel arbitration pursuant to an addendum to the parties' account agreement, which bank included in an email to customers at the end of their monthly account statement. The court of appeals reversed and remanded. This court affirmed, holding that the addendum was unenforceable, because the agreement did not permit bank to unilaterally add new terms. The concurrence noting that, under Restatement of Consumer Contracts § 3, the addendum was unenforceable because it did not provide a reasonable opportunity for customers to reject its terms, and that, while the Restatement of Consumer Contracts was only a revised tentative draft, Indiana courts had previously cited a proposed draft of the Restatement Second of Property: Donative Transfers as persuasive authority. Decker v. Star Financial Group, Inc, 204 N.E.3d 918, 925. DIVISION III. REQUIREMENTS FOR EFFECTUATING A DONATIVE TRANSFER CHAPTER 32. ACCOMPLISHING A DONATIVE TRANSFER IN THE DONOR'S LIFETIME BY A DOCUMENT OF TRANSFER § 32.3 Document of Transfer Relating to Land N.J.Super.2023. Subsec. (2) quot. in sup., com. (e) cit. in sup. Grantee brought an action against estate of intestate grantor and administrator of estate, seeking to quiet title to property that grantor had conveyed unbeknownst to grantee and recorded, which dissolved grantor's fee simple interest in the property in favor of the joint tenancy with grantee. The trial court granted grantee's motion for summary judgment. This court affirmed, holding that grantor's conveyance of title to the property to himself and grantee-in joint tenancy with the right of survivorship-was a valid inter vivos gift to grantee. The court explained that, when grantor unilaterally transferred the property to grantee and dissolved grantor's greater fee simple interest, the transfer could be presumed to be a gift, and under Restatement COPYRIGHT (2024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.