The case appeared in the Knoxville Court of Appeals recently and pitted the formerly-engaged Jason Crippen and Catharyn Campbell in a battle for rights to the ring. According to court records, the couple was engaged December 25, 2005. Though the filing did not state when the engagement ended or who terminated the relationship, Catharyn refused to return the ring upon Jason's request, so he sued her for it.
In the lower court case, the judge ruled in Cathryn's favor. The ruling explained, "once she receives and she accepts (the ring), it becomes a final gift and nothing else that happens thereafter changes it. I think that engagement rings are gifts."
Jason disagreed with this ruling and filed an appeal to the higher court. He did not agree that the gift was a "completed gift" and that it was actually a gift conditional upon marriage. The court agreed to take the case, and referred to other cases across the nation to determine their final decision.
Court cases in Kansas, Wisconsin, and Indiana that were heard between 1996 and 2005 all concluded that engagement rings were conditional gifts and were to be returned to the purchaser if the marriage did not occur. Courts have long recognized conditional gifts, such as gifts to colleges and universities that ensure naming rights on buildings that the money helps to construct.
Tennessee's Knoxville Court of Appeals overturned the ruling handed down by the lower court and decided that Jason was the rightful owner of the engagement ring. According to their findings, "...we hold that an engagement ring is given in contemplation of marriage, and, as such, is impliedly a conditional gift. If marriage, for whatever reason, does not ensue, ownership of the ring never vests in the donee and the donor is entitled to the return of the ring." As for those who believe that, if the male ends the engagement the female is entitled to keep the engagement ring, the court went on to say, "We decline to follow these cases because we believe the rule adopted by us is more in keeping with the essence of what occurs, and what is contemplated, at the time of an engagement. If... the marriage does not occur, the engagement ring goes back to the one who gave it."
Source: Court Documents, Court of Appeals of Tennessee at Knoxville
Published by P. L. Clark
I am a mom of 3. I enjoy writing, vacationing with my children, and enjoying the attractions in my home state of Florida. Leave me a comment on one of my articles and I will reciprocate PVs. View profile
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4 Comments
Post a CommentDiamond Engagement Rings are really fun to shop for and when you go into a store you could feel really pressured to make a decision. http://www.diamondsonweb.com allows you to leisurely browse their website and even design your own ring.
Tre, I am not notified when internet users leave a message on my articles, so I only found your question today. Though you probably won't read this, I will leave the link to the court documents here for anyone else who is interested. http://www.tsc.state. tn.us/OPINIONS/Tca/PDF/073/CrippenjmOPN.pdf (Remove the space between state. tn)
What case was this?
Wonder who gets the ring if the marriage is short-lived?