Legal Case: Promise to Marry
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Questions and Answers

What was the main issue for the jury in this case?

  • Resolving the ownership of the engagement ring
  • Deciding who was at fault for ending the engagement
  • Establishing which party refused to marry (correct)
  • Determining the amount of damages to be awarded

    • How did the jury rule regarding the refusal to marry?

  • They found in favor of the defendant (correct)
  • They did not address this issue
  • They found in favor of the plaintiff
  • They ruled both parties equally responsible

    • What amount was awarded as special damages to the plaintiff?

  • £25
  • £50
  • £40
  • £34 10s (correct)

    • Why did the defendant end the engagement?

    <p>To prevent an unhappy married life</p> Signup and view all the answers

    What action did the defendant take regarding the engagement ring?

    <p>Brought an action in the County Court to recover it</p> Signup and view all the answers

    What legal request did both counsels make after the jury verdict?

    <p>To determine points of law concerning the ring</p> Signup and view all the answers

    What is the implied condition regarding engagement rings according to Shearman J in Jacobs v Davis 2 KB 532?

    <p>To return the ring if the engagement is broken off.</p> Signup and view all the answers

    What is the significance of the distinction between a pledge and a conditional gift regarding the engagement ring?

    <p>It affects whether the ring needs to be returned if the engagement is ended.</p> Signup and view all the answers

    In the case of Jacobs v Davis, which party sued for the return of the engagement ring?

    <p>The man who gave the ring.</p> Signup and view all the answers

    What does Shearman J state about the nature of an engagement ring in Jacobs v Davis?

    <p>It serves as a pledge or binds the contract to marry.</p> Signup and view all the answers

    How did Shearman J describe an engagement ring's purpose in Jacobs v Davis?

    <p>As a pledge or something to bind the contract to marry.</p> Signup and view all the answers

    What was Shearman J's decision regarding returning an engagement ring in Jacobs v Davis?

    <p>Return it regardless of who breaks off the engagement.</p> Signup and view all the answers

    What legal principles govern the promise of marriage?

    <p>Principles of law applicable to ordinary contracts</p> Signup and view all the answers

    In the context of a commercial adventure, what did Lord Sumner emphasize in Bank Line v Capel?

    <p>Reliance on self-induced frustration</p> Signup and view all the answers

    What did Lord Finlay LC assert in New Zealand Shipping Co v Société des Ateliers et ChanEers de France?

    <p>No one can take advantage of a situation they themselves produced</p> Signup and view all the answers

    What happens if a person wrongly refuses to carry out a bargain according to the text?

    <p>They lose their deposit in certain cases</p> Signup and view all the answers

    How is an engagement ring potentially viewed in relation to the fulfillment of a contract?

    <p>As a pledge or deposit for contract fulfillment</p> Signup and view all the answers

    In what legal case was it established that no one can take advantage of a state of things they themselves produced?

    <p>Ex parte Barrell (1875) LR 10 Ch 512</p> Signup and view all the answers

    What did Shearman J imply about returning the ring?

    <p>The plaintiff can return the ring if the promise is broken by himself.</p> Signup and view all the answers

    In Jeffreys v Lack 153 LT Newspaper 139, what did Bray J's decision imply about wedding gifts?

    <p>The person who breaks off the promise must return the wedding gifts.</p> Signup and view all the answers

    What legal view did the A^orney-General hold in Lockyer v Simpson Mosely 298 regarding gifts delivered in contemplation of marriage?

    <p>The recipient must return the gifts if they refuse to marry the giver.</p> Signup and view all the answers

    What does the text suggest about demanding the return of an engagement ring?

    <p>A man can demand the return of an engagement ring even if he breaks his promise of marriage.</p> Signup and view all the answers

    How does the text view a judge's role in cases of breach of promise?

    <p>A judge must apply existing law regarding justification for breach of promise.</p> Signup and view all the answers

    What is implied if the engagement to marry is dissolved by mutual consent due to the death of the person giving the ring?

    <p>The ring should be returned to the recipient.</p> Signup and view all the answers

    What happens to the engagement ring if the marriage actually takes place?

    <p>It becomes the absolute property of the recipient.</p> Signup and view all the answers

    In what circumstance would a conditional gift, like an engagement ring, need to be returned?

    <p>If there is no marriage due to death or legal incapacity of the giver.</p> Signup and view all the answers

    Why does the text mention that conditional gifts like engagement rings should not follow certain legal decisions?

    <p>To distinguish them from absolute gifts in legal terms.</p> Signup and view all the answers

    What was the jury's view regarding Miss Cohen returning the ring to the defendant?

    <p>They suggested she return the ring.</p> Signup and view all the answers

    Why does the text mention that gibs which are 'absolute and free from condition' are not included in its judgment?

    <p>To show exceptions to the general rules discussed.</p> Signup and view all the answers

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