Question

Assignment 9.1 - Is it a Gift? Harry and Sally meet and fall in love. At dinner in a romantic restaurant, Harry pours each of them a glass of champagne and asks Sally to marry him. Sally hesitates. Harry takes out a small box and presents Sally with a $5,000 diamond ring. Sally smiles broadly and takes the ring. Harry says that if they are not married by June 15, he wants the ring back. Sally forces a cheerful laugh as she eagerly slips the ring on. “Of course, Harry. Don’t worry.” A week later, Sally dumps Harry for another guy. Harry sues for the ring. Sally argues that Harry gave her the ring and it is hers to keep, whether they marry or not. What should Harry argue? Who gets the ring? Why? New hypothetical: Assume the same facts, except that Sally shows up at the church on June 15, eager to marry. Harry arrives late and declares that he is in love with someone else. He wants his ring back. Who gets the ring? Why?

Answer 1

In the first scenario, when the Harry gave engagement ring to Sally, put forwards a condition of marrying him by June 15, for Sally to keep the ring. Here, Harry can argue that ring is an conditional gift, which is not of Sally's until the condition is fulfilled. Conditional gifts are the one that can be revoked until the recipient completes the condition put forward and does not posses it till the final future condition or process is completed, hence Harry can argue that after giving ring Sally dumped him and did not fulfilled the condition of marrying him, due to which Harry will get the ring back.

While in the Hypothetical scenario, Sally was ready to fulfill the condition associated with the ring and shows up at church on June 15 but Harry dumps her for another girl, in this case still the Harry receives the ring back as giver gets the conditional gift back if the condition is not fulfilled for whatever reason so even if Sally dumps Harry or Harry dumps Sally, Harry will receive the engagement ring back as its an conditional gift which receiver cannot keep.