Gift-Exchange Misclassification and Claimed Debt: How the Same Contribution Can Be a Gift to One Party and a Debt to the Other
Year: 2026
Type: article
Abstract: This conceptual paper introduces Gift-Exchange Misclassification and Claimed Debt, a mechanism in which one party understands a contribution as a gift while the other treats it as part of an exchange. A later demand for a return exposes incompatible understandings of what the original act established. The paper assesses a claimed debt by asking whether a reciprocal commitment was established through words, conduct, or shared understandings. A giver’s expectation alone does not establish the recipient’s agreement. The account allows for tacit exchanges and shared expectations around gifts, and the disagreement can arise from a single contribution. The discussion connects the mechanism to Mauss’s account of the gift and examines the Federal Trade Commission’s 2017 account of offers of free supplies followed by invoices, alongside the federal statute on unordered merchandise. The enforcement account concerns allegations resolved by settlement. It illustrates conflicting terms in offers and invoices without establishing each recipient’s understanding or acceptance. Part of the Power, Permission, and Obligation series within On Human Modeling, the paper examines who may specify a return and how an alleged debt can be contested. Its framework can inform human–AI research on how systems distinguish gratitude, expectations of reciprocity, and commitments actually established in an interaction.
Author: Cary, Alexandra
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7225780049
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