29 Questions
What was the main issue for the jury in this case?
Establishing which party refused to marry
How did the jury rule regarding the refusal to marry?
They found in favor of the defendant
What amount was awarded as special damages to the plaintiff?
£34 10s
Why did the defendant end the engagement?
To prevent an unhappy married life
What action did the defendant take regarding the engagement ring?
Brought an action in the County Court to recover it
What legal request did both counsels make after the jury verdict?
To determine points of law concerning the ring
What is the implied condition regarding engagement rings according to Shearman J in Jacobs v Davis 2 KB 532?
To return the ring if the engagement is broken off.
What is the significance of the distinction between a pledge and a conditional gift regarding the engagement ring?
It affects whether the ring needs to be returned if the engagement is ended.
In the case of Jacobs v Davis, which party sued for the return of the engagement ring?
The man who gave the ring.
What does Shearman J state about the nature of an engagement ring in Jacobs v Davis?
It serves as a pledge or binds the contract to marry.
How did Shearman J describe an engagement ring's purpose in Jacobs v Davis?
As a pledge or something to bind the contract to marry.
What was Shearman J's decision regarding returning an engagement ring in Jacobs v Davis?
Return it regardless of who breaks off the engagement.
What legal principles govern the promise of marriage?
Principles of law applicable to ordinary contracts
In the context of a commercial adventure, what did Lord Sumner emphasize in Bank Line v Capel?
Reliance on self-induced frustration
What did Lord Finlay LC assert in New Zealand Shipping Co v Société des Ateliers et ChanEers de France?
No one can take advantage of a situation they themselves produced
What happens if a person wrongly refuses to carry out a bargain according to the text?
They lose their deposit in certain cases
How is an engagement ring potentially viewed in relation to the fulfillment of a contract?
As a pledge or deposit for contract fulfillment
In what legal case was it established that no one can take advantage of a state of things they themselves produced?
Ex parte Barrell (1875) LR 10 Ch 512
What did Shearman J imply about returning the ring?
The plaintiff can return the ring if the promise is broken by himself.
In Jeffreys v Lack 153 LT Newspaper 139, what did Bray J's decision imply about wedding gifts?
The person who breaks off the promise must return the wedding gifts.
What legal view did the A^orney-General hold in Lockyer v Simpson Mosely 298 regarding gifts delivered in contemplation of marriage?
The recipient must return the gifts if they refuse to marry the giver.
What does the text suggest about demanding the return of an engagement ring?
A man can demand the return of an engagement ring even if he breaks his promise of marriage.
How does the text view a judge's role in cases of breach of promise?
A judge must apply existing law regarding justification for breach of promise.
What is implied if the engagement to marry is dissolved by mutual consent due to the death of the person giving the ring?
The ring should be returned to the recipient.
What happens to the engagement ring if the marriage actually takes place?
It becomes the absolute property of the recipient.
In what circumstance would a conditional gift, like an engagement ring, need to be returned?
If there is no marriage due to death or legal incapacity of the giver.
Why does the text mention that conditional gifts like engagement rings should not follow certain legal decisions?
To distinguish them from absolute gifts in legal terms.
What was the jury's view regarding Miss Cohen returning the ring to the defendant?
They suggested she return the ring.
Why does the text mention that gibs which are 'absolute and free from condition' are not included in its judgment?
To show exceptions to the general rules discussed.
Test your understanding of a legal case involving a broken promise to marry. Explore the details of the jury's decision and the damages awarded to the plaintiff. Understand the implications of the defendant's refusal to marry.
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