Brief Fact Summary. Plaintiff and defendant were engaged to marry and plaintiff gave defendant an engagement ring. The engagement was terminated and plaintiff brought suit against defendant to recover the ring.
Synopsis of Rule of Law. Because engagement rings are conditional gifts given in contemplation of marriage, the ring should be returned to the donor on breaking of the engagement without a determination regarding fault.
Issue. When determining ownership of an engagement ring following termination of an engagement, should fault be considered?
Held. Engagement rings should be considered conditional gifts given in contemplation of marriage.
Previous state precedent cited the general principal that if an engagement is unjustifiable broken by the donor of an engagement ring, he could not recover the ring. The previous court justified this based upon finding of fault in the conduct of one of the parties. The same Court noted that if an engagement is expressly terminated by mutual consent, the donor may obtain recovery.
The older rule is generally that if an engagement is unjustifiably broken by the donor, he cannot recover the ring. The modern trend is that because of the inherently conditional nature of the gift, the ring should be returned to the donor once the engagement is broken. This court finds the modern trend persuasive.
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