my law school hw tonight is on engagement law

my family law hw for tonight is on the history of engagement, and a whole bunch of engagement related cases

That should be interesting. I read somewhere that the old tradition was that if a man broke the engagement, the woman and her family could use for breach of contract. However, that was eventually made illegal. That's when engagement rings came into vogue. That way, if the man broke the engagement, the woman could sell the ring instead of suing for breach of contract.

I'd really like a progress report on what you're doing!

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Posted by hyphenbride

That should be interesting. I read somewhere that the old tradition was that if a man broke the engagement, the woman and her family could use for breach of contract. However, that was eventually made illegal. That's when engagement rings came into vogue. That way, if the man broke the engagement, the woman could sell the ring instead of suing for breach of contract.

I'd really like a progress report on what you're doing!

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well there are actually 2 different causes of action: breach of a contract to marry was a combo of contract law and tort law with aspects of each. you could sue for emotional damages and sometimes even punitive damages (which aren't normally allowed in contract law). most states have eliminated this cause of action, but in some states you can still sue for this.

as for engagement rings, at common law if the guy called off the wedding for an 'unreasonable' reason, girl kept the ring but if it was mutual or if girl called it off, he got it back.

However, the law now generally says that the guy gets it back either way because its a gift in contemplation of marriage, and marriage is a condition precedent for the rights to become fixed. however, if it was a gift on another special occasion like a birthday or an anniversary, then the girl has a much stronger case that it was a 'regular' gift and can probably keep it. the law also recognizes that if the girl contributed to the purchase of her ring or bought it completely herself than it would be changed to reflect who bought it.

the casebook also noted that it's often unfair to the girl because the girl and/or her family usually bear most of the burden of wedding expenses, which are often non-refundable in the case of a cancellation. (they even mentioned something specifically about NY where vendors might charge you if they don't rebook for your date)

pretty interesting

That's really cool. I like reading about the less romantic origins of traditions (like white not = purity but basically bragging about how you can afford to wear a white dress. The poor couldn't afford a dress just for one day so any dress they bought would have to be worn repeatedly and if you work hard, you shouldn't wear white...).

Thanks for the info!

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Posted by hyphenbride

That's really cool. I like reading about the less romantic origins of traditions (like white not = purity but basically bragging about how you can afford to wear a white dress. The poor couldn't afford a dress just for one day so any dress they bought would have to be worn repeatedly and if you work hard, you shouldn't wear white...).

Thanks for the info!

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i didnt know that! that's pretty interesting

Back when I was in law school, I remembered them saying how if he proposes on a day that is also a holiday/special occasion, like Christmas, a bday, anniversary, etc, then the girl gets to keep the ring if he breaks the engagement. Because it was also seen as being given as a gift for that holiday/special occasion too, not just for marriage.

That's why when me and FH got engaged, I quickly informed him that we got engaged on Yom Kippur, so if he breaks the engagement, I still get to keep the ring. BTW, neither of us are Jewish nor celebrate Yom Kippur. I just had to find some holiday to associate with the day because of the whole thing above! Then again, if I remember correctly from my Jewish cousins and friends, Yom Kippur is not a joyous holiday and you don't give gifts!

wow that is pretty interesting.

now i have an excuse since fh gave me the ring on my bday. he thinks the dinner and hotel was my bday gift sucker!



just kidding!!!

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Posted by MKEA98

Back when I was in law school, I remembered them saying how if he proposes on a day that is also a holiday/special occasion, like Christmas, a bday, anniversary, etc, then the girl gets to keep the ring if he breaks the engagement. Because it was also seen as being given as a gift for that holiday/special occasion too, not just for marriage.

That's why when me and FH got engaged, I quickly informed him that we got engaged on Yom Kippur, so if he breaks the engagement, I still get to keep the ring. BTW, neither of us are Jewish nor celebrate Yom Kippur. I just had to find some holiday to associate with the day because of the whole thing above! Then again, if I remember correctly from my Jewish cousins and friends, Yom Kippur is not a joyous holiday and you don't give gifts!

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I'm Jewish and Yom Kippur is NOT a gift giving holiday and I doubt that would be enforced. However, what he doesn't know won't hurt him

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Posted by bluegreen08

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Posted by MKEA98

Back when I was in law school, I remembered them saying how if he proposes on a day that is also a holiday/special occasion, like Christmas, a bday, anniversary, etc, then the girl gets to keep the ring if he breaks the engagement. Because it was also seen as being given as a gift for that holiday/special occasion too, not just for marriage.

That's why when me and FH got engaged, I quickly informed him that we got engaged on Yom Kippur, so if he breaks the engagement, I still get to keep the ring. BTW, neither of us are Jewish nor celebrate Yom Kippur. I just had to find some holiday to associate with the day because of the whole thing above! Then again, if I remember correctly from my Jewish cousins and friends, Yom Kippur is not a joyous holiday and you don't give gifts!

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I'm Jewish and Yom Kippur is NOT a gift giving holiday and I doubt that would be enforced. However, what he doesn't know won't hurt him

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My thoughts exactly on that one..

I would also like to hear a progress report on things though- engagement law does sound interesting.

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Posted by cbcf

wow that is pretty interesting.

now i have an excuse since fh gave me the ring on my bday. he thinks the dinner and hotel was my bday gift sucker!



just kidding!!!

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