A friend recently mailed me an X-Box One and a Samsung Galaxy S10 in the condition that I complete Nightwave Season 2 for them in a PlayStation Network Video Game known as Warframe. So I did log on his account and complete this for him every single day from when this started.

Then midway during this, he added an extra stipulation that was NOT a part of the original deal after the gift was sent out: That I should help him find a job on a casting website called Casting Networks.

It should go without saying but I feel altering the terms of a conditional agreement midway without the expressed consent of the other party is illegal and unethical.

Would I be required by law to give him back his phone after completing the original agreement, but not completing the additional provisions added without my consent.

I feel I don't have to return this phone since it was given to me as a gift.


am I required to send the stuff back?

No, but you should be able to prove that you met the conditions of the original contract between you two.

There is no gift. There is a compensation that forms part of the contract between the offeror and you. The offeror's preference to call it a "gift" does not change the legal fact that his offer and your acceptance to complete Nightwave Season 2 constitutes the formation of a contract. From that standpoint, you are entitled to keep the items he mailed to you as long as you honor your part in that contract.

You are right by conjecturing that a party is not allowed to unilaterally alter a contract. Any modification has to be agreed upon by all parties to that contract. However, a consent or agreement may be inferred from the parties' subsequent conduct. Hence the best way to pre-empt or supersede any such inference consists of letting that party know that you disapprove of the belated alteration(s).

The absence of a written agreement can only complicate matters, though, since it appears that neither party has an objective, directly credible way to prove the terms of the original contract. Perhaps such terms can be deduced from the subsequent emails that he has been sending you, but that is impossible to ascertain without knowing the wording of the subsequent communications between you two.

Lastly, enforceability of your contract is less clear if completing Nightwave Season 2 through someone else's performance amounts to an unlawful act. Not being knowledgeable of the terms and conditions of that game (?), I am unable to state with certainty whether the offeror could lawfully recover from you the items he mailed.

  • I have proof I completed it right here i.imgur.com/RseSOfa.jpg Inaki sorry about the delay I had to turn my PS4 internet settings offline to get the image. It's safely stored on my USB incase he tries to say I did not. – Terrence Sep 13 '19 at 17:08
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    @Terrence My point is that you might need to prove that what you did meets the conditions you two agreed upon, not just that you completed the game. Hence why I mentioned "the terms of the original contract" in the 1st and 4th paragraphs of this answer. Otherwise, the counterparty could say "Yes, he completed the game. But he did not meet the other mandatory conditions of our contract", thereby giving the appearance of being entitled to the recovery of the mailed items. – Iñaki Viggers Sep 13 '19 at 17:19
  • You should expand on your last paragraph- a contract with an unlawful object (using someone else’s account) is void. – Dale M Sep 13 '19 at 23:19
  • This is actually a good answer. – bdb484 Sep 29 '19 at 18:03

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