Wednesday, April 01, 2009

I Do...Not.

An acquaintance of mine recently found herself loathing the man to whom she was betrothed, and, in planning to break off the engagement, she wondered whether she would have to return the gorgeous ring he had given her. Today, while I was researching something entirely different at work, I came across her answer.

In Crippen v. Campbell, the facts were the following: Man proposed to Woman, at which time he placed an engagement ring on Woman's finger. At some point the engagement came to an end (the opinion does not reflect who broke it off), and Man requested that Woman return the ring. When she refused, he filed a lawsuit to recover it.

Both parties filed motions for summary judgment (basically asking the trial court to dispose of the case in their favor without holding a trial, because the facts are such that no jury could find for the other party), and the trial court granted Woman's motion, noting that the "gift" from Man to Woman was final upon Woman's acceptance, regardless of what happened thereafter.

Man appealed. The Tennessee Court of Appeals reversed and granted summary judgment in his favor, finding that an engagement ring is an impliedly conditional gift and is completed only upon marriage. Thus, if a marriage does not ensue, Man (or whoever gave the other person a ring) is entitled to the return of the ring.

Conclusion: Woman had to give it back.

So, Guys, if you've been dumped by your fiance (or even if you've dumped her, I suppose) and she's refusing to give back the ring, you do have legal recourse. Ladies, if you're hoping to sell the ring or make it into a lovely necklace, you had better hope that your ex doesn't know the law.*



*Disclaimer/C.Y.A.: Any opinions expressed herein are those of the author and should not be relied on without further assistance of counsel.

19 comments:

Anonymous said...

"Betrothed." They taught you a big word like that at UT but you missed in first year that an engagement ring is conditional? What does Glenn Reynolds teach over there? Professor Kingsfield has a dime for you.

-Pinto

mrmcbee said...

My only question is, to whom was this time billed?

Candy said...

Pinto: Please, as if I paid attention in law school. Also, this case is from 2007, and Judge Workman apparently didn't know the law either, since he got reversed.

McBee: My acquaintance. She'll pay me in drinks.

Anonymous said...

Now I'm an "acquaintance"? I thought we were "friends".

Anonymous said...

I would like to have been witness to that interview with Butler Vines.
BVB: "How did you rank in your class?"
LB: "Me, oh like pretty good, you know I never really paid all that much attention. What does cum laude mean?"
BVB: "Great! Your exactly what we need! When can you start?"

-Pinto

Candy said...

Actually, I did graduate cum laude, biatch. I made a B in Commercial Law (a 4 hour class), having only attended class 4 times. I also passed the bar exam without studying at all.

(Okay, that last one's not true.)

overtly trite said...

I don't understand why anyone would want to keep an engagement ring from a man you don't marry..little weird

Anonymous said...

You haven't seen the ring. It's not for sentimental value, it's simply a gorgeous, stunning piece of jewelry which I'm now happily wearing on my RIGHT hand.

Anonymous said...

"Actually, I did graduate cum laude, biatch."

What I was doing is called "sarcasm." Everyone who knows what Martindale-Hubbell is knows you graduated cum laude.


-Pinto

overtly trite said...

no I have not seen the ring and I am certainly not against nice jewelry but don't you think of the ex every time you look at it?

overtly trite said...

I promise I am really not being judgemental! personally I would just be weirded out by keeping the ring

ko said...

Pinto, this was a case of first impression in Tennessee. A minority of other states have reached the opposite result.

Anonymous said...

KO-

WoW!!! You must be a 1L!!! TN looks at the law and traditionally provides a stricter standard than other states. Also, no crap a minority of other states reached the opposite conclusion; they are a minority for a reason.

-Pinto

Candy said...

Pinto, why in the world are you looking me up in Martindale-Hubbell? Don't you have better things to do with your time?

Anonymous said...

PINTO is an idiot Candy. Seriously, is their anyway you can block him. I feel he has discouraged a lot of fans on your site and his pompous and arrogant attitude, hidden behind a word, "sarcasm", is a a disgrace to your blog page and kind of creepy. Do you know him? Maybe you should get a restraining order from that creep. Is he a stalker?

Anonymous said...

Niedermeyer said:

"I feel he has discouraged a lot of fans on your site and his pompous and arrogant attitude, hidden behind a word, "sarcasm", is a a disgrace to your blog page and kind of creepy."

1. That is what we call a run on sentence.
2. Punctuation goes inside the quotation marks except where followed by a parenthetical reference. (I've been challenged on this but I remain firm).
3. You should not use the same word consecutively unless quoting a stutter.

If you were actually a fan you would realize I only mock people with horrible grammar. And LB has had her fair share of mocking me.

-Pinto

Anonymous said...

wHoCares! I caN sAy WHatever i WANT!.?@#$ AND puNCtuatE hoW I feEL! The SIMple faCT is, You Have nothing betER two due than CRiticizE people onHEAR, thAt want TOO enjoy the BLOG, say what THEY feel. & YES. She HaS lost readers. and. I attribute That To yoU. So cUm to thE realization, yoU ArE thE TyPiCal ASSHOLE that the worLD can do BETTER with out. SO Correct ThiS you DumbASS.

sorry "LB". you lost anoThER reADER I cant be on here If ThiS diCk is goiNg to Be conTI Nually rude to Me and OthERS on HERE. its not how you started IT. and I wont contINUE to stoop To ThIs Guys level of StupIdity.

CONgratuLAtions "pinto". you havE succEEDed in beiNG the SMartest DUMb guy on this blog site.

Anonymous said...

Breaking on CNN right now:

The website host of a blog has increased in value by over 50% on news that Cal won't be visiting any more...

You know how the Dixie Chicks had a falling out of their fan base and then claimed "Freedom of Speech?" Well it goes both ways. If you want to read what LB writes but not read my silly comments, then don't. I can't believe you let my juvenile antics affect you. As far as you know I'm a 13 year old kid sneaking away to use his parents computer. As far as anyone knows there are multiple Pintos.

The fact is LB is an entertaining writer trying to balance the legal profession and a personal life. Everyone in her field feels the same way, at least she can poke fun at herself.

-Pinto

PS

"and I wont contINUE to stoop To ThIs Guys level of StupIdity."

By replying to me, you already did.

Anonymous said...

You know the girl that kept the ring worked for WATE?