Discussion: Who keeps the Engagement Ring? Assignment Help
Who keeps the ring?
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Engagement Ring is a gift; however it is a conditional gift. Conditional gift is a gift provided with a consideration that there will be an event occurrence in future and the gift rendered can be of use for that purpose. In case of unconditional gift and meeting the conditions laid in, there is no need for the gift to give back if incase the agreement is broken off. However Engagement gift by law is considered to be a conditional gift, and in the event the engagement is broken off, the ring is expected to be returned to the giver.
Underlying elements deemed to be fulfilled are that the ring is given as a gift and is need to be considered as a gift so. For that the law postulates few considerations to deem the item as a gift. The following are the particular aspects that support his consideration,
- At the outset, there is need to consider the item as a gift by the person who provided the gift and his intension is also to be the same.
- The actual item should have been already given to the recipient.
- The item (gift) should have been accepted as the gift.
When all these considerations are accepted then the item can be considered as gift and that too in the current case, the engagement ring is considered to be a conditional gift by law. Since the Conditional gifts are to be returned to the giver subjected to the failure of the agreement, the gift is expected to be returned to the giver (Langvardt et al., 2019).
However it is to be noted that for such gifts to be returned, the proposal to terminate the agreement should not be proposed by the giver.
He should not actually propose the termination. In such instance, he is not entitled for taking back the ring. Also the most commonly seen argument from the recipient in the case is the recipient is often arguing that the agreeing itself is the condition to keep the ring. However engagement agreeing is not actually considered as condition to keep the ring and hence it is to be returned to the giver if the engagement agreement is broken.
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