Property

Running head : Property

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Course

Tutor

July 8th , 2010

Legal implications of a broken engagement

When two people are engaged , gifts exchanged (including an engagement ring ) are presumed that they are given on condition that they will be returned (if requested to , should the engagement end . However , it is possible to contest the presumption in court if there is evidence to the contrary . This presumption applies on gifts given during engagement and not on gifts given before or after the engagement

An engagement ring is considered a legal

gift if three conditions are present when the donee gets it the donor intent to give the ring as a gift , the donor delivers it to the donee and if the donee accepts it (South , 2007 . The ring is a symbol of the agreement to marry , if the agreement is not performed , then those involved should get back to their previous positions . The person who breaches the contract should not retain the gift (South , 2007

Majority of courts consider an engagement ring to be a conditional gift Some future events have to occur in to finalize the gift . The wedding is the future event and if the wedding does not take place , the gift is not finalized and must be returned to the gift-giver

For the money to be given back , there must be evidence of lending the money , which should indicate the period by which the lonee should return , or the lonee must confess possession of the money (Donaldson 2008...