Breach of Promise to Marry
Broken engagements can be confusing as well as stressful. Apart from the pain and distress, those involved can agree on who remains with the engagement ring. Since the ring is often classified as a given gift, courts always differ on how to solve the issue of who remains with the ring. Engagement rings are classified as conditional items in the decision of the courts (Cronk & Dunham, 2007). When an item is considered as a conditional gift, they can be exempted at from the statute. In case the court takes the engagement ring as a conditional gift after the break-up of an engagement, it may be returned to the provider. It is considered as a case where the giving is on condition of marriage to the recipient, the donor can request for the gift back in case the condition of issuance is not satisfied. The court can consider the gift legal on condition that there is an indication by the donor that there is a desire to give the ring away, the delivery of the item is done by the donor and the receiver accepts the gift (Monger, 2013).
The symbolism associated with the gift is considered to foreclose the desire to create a clear condition that there will be a marriage. The theory f jurisdiction supports the return of the engagement ring only on condition that the donor has broken off the engagement justifiably. For example, the United States and Canada reject considerations of fault during the engagement break-up and always requires that the donor be given back the engagement ring once the relationship is broken. The modern approach on the other hand claims that it is impossible for the outcomes to be determined from fault. In this case, the critical question to be answered is on the origin of the fault that led to the break-up. In this case, since the ring is a conditional gift, the donor should always demand for it back.
References
Cronk, L., & Dunham, B. (2007). Amounts Spent on Engagement Rings Reflect Aspects of Male and Female Mate Quality. Hum Nat, 18(4), 329-333. http://dx.doi.org/10.1007/s12110-007-9018-9
Monger, G. (2013). Marriage customs of the world: An Encyclopedia of dating customs and wedding traditions. Santa Barbara, Calif: ABC-CLIO.
The law research paper on breach of promise to marry summarized here is a good example of the research papers we handle. If you would like to view some samples of previously written research papers by our writers click here. We have some of the best academic writers you will come across because they are well qualified and experienced in handling academic papers. To make a request of a custom written research paper click here to furnish us with the details.