Assignment 1- Domestic Relations

Ben and Jennifer got engaged. At the time, Ben bought her a 1.5 carat pink diamond engagement ring. After a tumultuous relationship and one postponed wedding, Jennifer called off the engagement. For this assignment, you have the task of advising Jennifer on what she should do with the ring.

1) Please find and cite a Florida case that would impact this question. Please make sure to explain how the facts of the Florida case are similar to our case and how that case would affect our case. Florida, along with the majority of other jurisdictions, holds presents of engagement rings to be conditional gifts. The present carries an implied condition that a marriage ensues. Florida is also among the majority of “implied condition” jurisdictions that recognize that the condition of ensuing marriage may be implied by the nature and inherent symbolism of the engagement ring and upon failure of the condition, the donor is entitled to recover the engagement ring. See Gill v. Shively, 320 So.2d 415 (4th DCA Fla. 1975) (which states that the donor of the engagement ring may recover the ring if the engagement is terminated by the donee or by mutual consent of the parties). The court in Gill went on to state that Florida’s “Heart Balm” statute, F.S.A. § 771.01 (preventing any tort claims from arising out of a breach of contract to marry) does not affect the rights of parties relative to gifts passing between them. Id. at 416. Therefore, in Florida, a donor is not prohibited from a cause