Lawsuits regarding what happens to engagement ring

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Reference no: EM132189048

There have been many lawsuits regarding what happens to an engagement ring if the couple doesn’t get married. Some of these lawsuits have involved rings worth $20,000 to $30,000. Common law varies from state to state, and so do the court outcomes. Therefore, answers can vary. Consider the questions carefully and support your answers.

Assume Terry asks for Pat’s hand in marriage. Pat agrees to marriage, and Terry slips an engagement ring (worth $5,000) on Pat’s finger. Then the marriage is called off. Terry asks to have the ring back, but Pat says no.

A. Assume an engagement ring is a gift that becomes effective when given. Apply the elements of a gift and explain who gets to keep the ring.

B. Assume an engagement ring is a gift that is conditional and only becomes effective upon marriage. Assume, as well, that the decision to call off the wedding is mutual. Explain who you think will get the ring.

C. Continue to assume the engagement ring is conditional upon marriage. Consider whether “fault” should apply. Who do you believe should get the ring if one party is unfaithful and breaks the engagement in order to be with another person?

Reference no: EM132189048

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