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Engagement Gifts

Engagement Gifts. Issue. May a gift be revoked if the marriage does not occur? Must determine true characterization of gift: Is it “courtship” gift? Is it “engagement” gift?. Courtship Gift. Irrevocable. Designed by donor to entice donee to continue dating. Engagement Gift.

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Engagement Gifts

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  1. Engagement Gifts

  2. Issue • May a gift be revoked if the marriage does not occur? • Must determine true characterization of gift: • Is it “courtship” gift? • Is it “engagement” gift?

  3. Courtship Gift • Irrevocable. • Designed by donor to entice donee to continue dating.

  4. Engagement Gift • Possibly revocable • Conditioned on marriage occurring

  5. Engagement Gift Approach • 1. Fault Approach (traditional) • Donor breaks off engagement – donee keeps • Donee breaks off engagement – return to donor, unless donee has legal justification • Mutual break up – return to donor • Death – Donee (or donee’s estate) keeps

  6. Engagement Gift Approach • 2. No-Fault Approach (modern) • Donor may always recover engagement gifts.

  7. Lindh v. Surman

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