Engagement Ring Chad A. Jenkins

1. What do the non-fault line of cases that the court refers to hold? Under these cases does it

matter who breaks off the engagement?

Some jurisdictions such as the case in Michigan follow a no-fault rule. According to the

courts it doesn’t matter who breaks the engagement. The ring is given with implied

conditions and the gift doesn’t become absolute until the marriage occurs. In these cases the

ring must be returned to the donor.

2. What do the older line cases hold?

Some jurisdictions follow a fault-based rule. If the engagement was broken by the donor,

then the donor cannot recover the ring. However, if the engagement was broken by mutual

agreement or unjustifiably by the donee, then the ring must be returned. In ancient Rome,

the rule was that a woman who called off the wedding had to return the ring, but a man who

called off the wedding didn’t have to return it. Today, etiquette authorities routinely claim

that if a woman breaks an engagement, she should return the ring; if the man breaks the

engagement, the woman is entitled to keep the ring.

3. Which line of cases do you feel should be adopted by courts today? Explain your answer.

I have to agree with the Michigan courts in that there should be a no-fault cause that comes

into effect if an engagement is broken. The donee should return the ring to the donor. In

chapter 27, it states a gift is essentially a voluntary transfer of property ownership for which

no consideration is given. However, with an engagement ring, there is a presence of

consideration that takes precedence over a gift. Presence of consideration in this situation is

Engagement Ring Chad A. Jenkins

a requisite of a valid contract. An engagement ring is a contractual gift which doesn’t

become the donee’s property until the marriage is fulfilled.