The skit that “missed the mark” occurred in a break in play during the second quarter of Charlotte’s game against the Philadelphia 76ers on Monday. The child was brought onto the court with Hugo, the Hornets’ mascot, dressed as Santa Claus. After a letter to Santa requesting a PS5 was read out loud, a cheerleader came out with a bag containing the video game console.

The young fan was visibly overjoyed as he received the pricy gift. However, according to an online acquaintance, he was less happy when the cameras turned off and a Hornets staffer took it away, replacing it with a jersey.

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-9 points

Gift law

The donor of the gift must have a present intent to make a gift of the property to the donee

Intent needs to be proven or it’s not a gift. They did not intend on giving a gift.

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7 points

The cheerleader and other people around were reportedly also confused when the PS5 was confiscated. The child’s uncle was apparently informed he wouldn’t get to keep the gift, but not the child himself.

They unfortunately made the kid fully believe their whole intent was to give him the gift. That’s so sad for the kid. :(

I wonder how this would play out in court, though. The company can argue that it was the uncle’s responsibility to inform the kid as he was with him, but the kid’s parents can argue the uncle wasn’t his legal guardian and that he needed to be informed personally to play along.

Idk, this armchair is comfy though. lol

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2 points

They couldn’t argue it was the Uncles responsibility to tell the child. The Uncle was told, and would also have been told to not tell the child. They set out to make the child believe they got the PlayStation because they wanted the reaction from the child.

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