A man asked a woman to marry him and as part of doing so he gives her an engagement ring, this is calling a $10,000 ring. Let’s say that she accepts his ring and they’re all set to get married they’re engaged and then she breaks it off. Now back in law school, we studied a case back in law school what happens to the diamond ring? Is he entitled to get it back if he sues her? And in law school the question went one way but the new law is something different now.
In the state of Florida, and of course this area of law can vary from state to state, but in the state of Florida the law is that she must return the ring. When I was in law school the case law ruled that it was a gift and a gift was a gift he would not get it back even if she was the one to break off the marriage and these days I think they’ve got a different conclusion through the court system and I think it’s got to be based on whether they have contract—that the man and the woman have entered into a contract to get married to each other and they’re I guess as consideration for the ring has passed hands and if she breaks that contract the law says he now gets that ring back.
Exactly. I think I think Tom too that you are right on that they’re using contract law as really the basis for this. And think about it it’s in essence that she breached the contract by saying, “I’m not going to marry you and so he deserves and gets that ring back. The Florida law though by the way is very clear that if he gives her a beautiful $10,000 ring for her birthday, that’s a gift doesn’t have to return it even if they break up. That makes sense.