From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 29/07/2013 15:49:30 UTC
Subject: [RDG] mistaken gifts?

Recently published in the New York Times. Does this suggest that a but-for test for mistaken gifts is indeed too liberal?
Not that I expect this kind of thing happens very often...
Lionel

The Ethicist

A Donation Deal Goes Awry

By CHUCK KLOSTERMAN

Published: July 19, 2013 134 Comments

 

http://www.nytimes.com/2013/07/21/magazine/a-donation-deal-goes-awry.html

I’m on the art-museum board, so that is my preferred artistic donee. An acquaintance repeatedly called me for a donation to the opera. I don’t like opera. I said he should donate to the art museum. He said he’d give to the museum whatever I gave to the opera. We agreed on $10,000 apiece. He called the next four years and offered to make the same deal. I accepted each year. As I was looking through our donor list for unrelated reasons, I discovered he has been giving only $1,000 a year. I sent him an e-mail telling him of my discovery, and he responded, “Nailed me.” As if it were funny. What is my ethical response? Demand my excess back from the opera? Threaten to sue him if he doesn’t pony up to the museum? Gossip?  T.S., LOCATION WITHHELD

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